Terms of Use

Effective date and acceptance. These Terms of Use (“Terms”) constitute a legally binding agreement between you and Quunthalkhel (“we,” “us,” or “our”) governing your access to and use of the website quunthalkhel.world and any related services, including but not limited to browsing product information, placing orders for indoor plants and related products, enrolling in or managing our plant subscription service, submitting inquiries through our contact form, and visiting or interacting with our business in any way. By accessing or using our website or services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use our website or services.

We reserve the right to modify these Terms at any time as described in the “Changes to These Terms” section below. Your continued use of the website or services after any such changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

Eligibility

You must be at least eighteen (18) years of age and have the legal capacity to enter into a binding contract to use our website and services. By using our website or placing an order, you represent and warrant that you meet these requirements. If you are using the website or services on behalf of a business or other entity, you represent that you have the authority to bind that entity to these Terms. Our website and services are intended for use only in the United States and in jurisdictions where our offerings are permitted. We do not represent that materials or services on this site are appropriate or available for use outside the United States.

Use of the Website

You may use our website only for lawful purposes and in accordance with these Terms. You agree not to use the website or any content or services provided through it in any way that: (i) violates any applicable federal, state, local, or international law or regulation; (ii) infringes, misappropriates, or violates the intellectual property rights, privacy rights, or other rights of any third party; (iii) is fraudulent, false, misleading, or deceptive; (iv) harasses, abuses, defames, or harms another person or entity; (v) transmits any virus, malware, or other harmful or malicious code; (vi) attempts to gain unauthorized access to our systems, networks, servers, or data, or to the accounts or data of other users; (vii) uses automated means (including bots, scrapers, or crawlers) to access, collect data from, or interact with the website without our prior written consent; (viii) interferes with or disrupts the integrity or performance of the website or our systems; or (ix) attempts to probe, scan, or test the vulnerability of the website or any related system or network.

We reserve the right to suspend or terminate your access to the website and to take any other action we deem appropriate, including legal action, in the event of any violation of these Terms or any conduct we consider harmful to the website, our business, or other users.

Products and Orders

Our website displays information about indoor plants and related products and services offered by Quunthalkhel. Product descriptions, images, specifications, care information, and prices are provided for general informational purposes. We strive to ensure that such information is accurate and up to date; however, we do not warrant that product descriptions, images, pricing, or other content on the website are error-free, complete, or current. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. We also reserve the right to limit the quantity of any product or service that we offer and to discontinue any product or service at any time.

All orders are subject to acceptance by us and to product availability. Submission of an order does not constitute our acceptance of that order. We may refuse or cancel any order for any reason, including but not limited to product availability, errors in pricing or product information, suspected fraud or unauthorized activity, or failure to meet eligibility requirements. If your order is cancelled after payment has been processed, we will issue a refund to the original payment method in accordance with our Return Policy.

By placing an order, you represent and warrant that: (i) all information you provide (including name, address, payment details, and delivery instructions) is accurate, current, and complete; (ii) you are authorized to use the payment method provided; and (iii) you will pay all charges incurred in connection with your order, including any applicable taxes and shipping fees. You are responsible for any loss or damage to products after delivery to the address you specified; we are not responsible for orders delivered to incorrect or incomplete addresses provided by you.

Plant Subscription Service

If you enroll in our plant subscription service, additional terms and conditions may apply as communicated to you at the time of sign-up, in a separate subscription agreement, or in follow-up communications. Subscription fees, billing frequency (e.g., monthly or quarterly), delivery schedule, and cancellation and refund terms will be specified at enrollment. By subscribing, you agree to pay the applicable subscription fee in accordance with the chosen plan and to provide a valid payment method and delivery address.

You are responsible for ensuring that your delivery address is correct and that someone is available to receive deliveries where required, or for providing alternative instructions (e.g., safe place for leave). We are not responsible for plants that are lost, damaged, or that fail to thrive due to circumstances beyond our control after they have been delivered, including but not limited to environmental conditions in your home or office, care practices, extreme weather during or after delivery, or failure to receive the delivery. Subscription plants are selected by us in accordance with your stated preferences where applicable; we do not guarantee a specific species or variety for each delivery unless otherwise agreed in writing. You may cancel your subscription at any time in accordance with the cancellation terms provided at sign-up; cancellation will stop future deliveries but does not entitle you to a refund for deliveries already made unless otherwise stated in our subscription terms or Return Policy.

Pricing and Payment

All prices displayed on our website are in United States dollars (USD) and, unless otherwise stated, do not include applicable sales tax, shipping, or handling charges. We will communicate the total cost, including any taxes and shipping, before you confirm your order. We reserve the right to change prices at any time without prior notice; such changes will not affect orders already accepted. Payment is due at the time of order unless we have agreed otherwise in writing (e.g., for certain subscription or bulk orders). We accept the payment methods displayed on the website at the time of checkout. By providing payment information, you authorize us to charge the applicable amount to your chosen payment method. You are responsible for any fees charged by your bank or payment provider (e.g., overdraft fees, currency conversion fees).

Intellectual Property

All content on this website, including but not limited to text, graphics, logos, icons, images, photographs, audio and video clips, data compilations, software, and the design, selection, and arrangement of such content, is the property of Quunthalkhel or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws. The “Quunthalkhel” name and logo, and all related product and service names, design marks, and slogans, are trademarks or service marks of Quunthalkhel. You may not use any of our trademarks, logos, or other proprietary designations without our prior written permission.

You may not copy, reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any content from our website, except for: (i) your own personal, non-commercial use, and (ii) as permitted by applicable law (e.g., fair use). You may not use any meta tags or other hidden text utilizing our name or trademarks, or frame or utilize framing techniques to enclose any of our content or trademarks, without our express written consent. Any unauthorized use of our content or intellectual property may violate law and could result in legal action.

User Content and Feedback

If you submit any content to us through the website (e.g., messages via the contact form, reviews, or feedback), you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any form or medium. You represent that you own or control all rights in such content and that it does not violate any third-party rights or applicable law. We are not obligated to use or respond to any user content and may remove it at any time at our discretion. We welcome feedback and suggestions; however, we may use such feedback without any obligation to compensate you or to keep it confidential.

Disclaimer of Warranties

Your use of our website and services is at your sole risk. The website and all content, information, products, and services provided through it are offered on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, Quunthalkhel disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the website will be uninterrupted, timely, secure, or error-free; that defects will be corrected; or that the website or the servers that make it available are free of viruses or other harmful components.

Plant care information, care guides, and any advice provided on the website or in connection with your orders or subscription are for general guidance only. Individual plant health and growth depend on many factors, including but not limited to light, water, humidity, temperature, soil, pests, and care practices. We do not guarantee any particular outcome for any plant after it leaves our care. You assume all responsibility for the care and condition of plants once they have been delivered to you.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Quunthalkhel, its owners, officers, directors, employees, agents, affiliates, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, use, goodwill, or other intangible losses, or for any damage to property (including plants), personal injury, or emotional distress, arising out of or in connection with: (i) your access to or use of (or inability to access or use) the website or services; (ii) any conduct or content of any third party on the website; (iii) any content obtained from the website; or (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, and whether or not we have been informed of the possibility of such damage.

In no event shall our total liability to you for all claims arising out of or relating to these Terms, the website, or our products or services exceed the greater of: (a) the amount you paid to us for the relevant order or subscription in the twelve (12) months preceding the claim, or (b) one hundred United States dollars ($100). Some jurisdictions do not allow the exclusion or limitation of certain damages; in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend, and hold harmless Quunthalkhel and its owners, officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or in any way connected with: (i) your access to or use of the website or services; (ii) your violation of these Terms or any applicable law; (iii) your violation of any third-party right, including any intellectual property or privacy right; (iv) any content or information you submit or transmit through the website; or (v) any dispute between you and any third party. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Links to Other Sites

Our website may contain links to third-party websites or resources (e.g., maps, payment providers, or social platforms). Such links are provided for your convenience only. We have no control over the content, privacy practices, or terms of use of third-party sites and are not responsible for their availability, accuracy, or any content or services provided through them. Your use of third-party websites is at your own risk and subject to the terms and policies of those sites. We do not endorse and are not liable for any loss or damage arising from your use of any third-party site or resource.

Privacy

Your use of the website and services is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using our website or services, you consent to the collection and use of your information as described in the Privacy Policy.

Changes to These Terms

We may modify these Terms at any time at our sole discretion. The most current version of the Terms will always be posted on this page. If we make material changes, we may notify you by email (if you have provided your email address) or by posting a prominent notice on the website. The “Effective date” or “Last updated” date at the top of these Terms will be revised to reflect the date of the last change. Your continued use of the website or services after the posting of revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the website and services.

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms, which shall remain in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties’ intent, or, if that is not possible, severed from these Terms.

Waiver

No failure or delay by Quunthalkhel in exercising any right or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. Our rights and remedies under these Terms are cumulative and not exclusive of any rights or remedies provided by law.

Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law principles. You agree that any legal action or proceeding arising out of or relating to these Terms or the website or services shall be brought exclusively in the state or federal courts located in New York County, New York, and you consent to the personal jurisdiction and venue of such courts.

Contact Us

If you have any questions about these Terms of Use, please contact us:

Quunthalkhel
289 Grand St, New York, NY 10002, United States
Phone: +16466495088
Email: notifyuse@quunthalkhel.world