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GrowthVine Terms of Use & Supply

This Terms of Use & Supply Agreement (“Agreement” or “Terms of Use”, “Terms of Supply”, “Terms of Use and Supply”) is made by and between GrowthVine Marketing Limited, a business registered in England and Wales, United Kingdom, (“GrowthVine”, “Lyndsey Johnson”, “we”, “our” or “us”) and you (“you,” “your” or “User”). Where reference is made to websites this covers both the growthvine.io and agency.growthvine.io domains and any other additional websites operated by the owner.

This policy (together with the documents referred to on it) tells you the terms on which we supply any of the products (Products), information (Information) and courses, workshops, lectures and seminars (collectively, Events) listed on this website (our site) to you, whether we conclude the contract for such supply electronically or by telephone.

Please read these Terms of Use and Supply carefully before using our websites, ordering any Products or Events from us. You should understand that by ordering any of our Products or Events, you agree to be bound by these terms of use and supply. Please understand that if you refuse to accept these terms of use and supply, you will not be able to order any Products or Events from us or consume any of the information provided on our websites.

1. Information about us

This site is operated by GrowthVine Ltd under the brand name GrowthVine (we or us). We are registered in England and Wales under company number 11139495 and have our registered office at 160 Kemp House, City Road, London, EC1V 2NX

2. Your status

By placing an order with us, you warrant that:
a. you are legally capable of entering into binding contracts; and
b. you are at least 18 years old.

3. Consumer rights and cancellation

Digital products do not fall within the ‘cooling off’ 7 day period required under UK Law. If you have an issue with a product you have purchased, please email support@growthvine.io and we will respond within 10 working days.

4. Risk and title in Products

1. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the  Products, including delivery charges.

2. Ownership of the Products cannot be shared or bought as a consortium or group. Purchases are on an individual basis and a login relates to the purchaser only. In the event that we receive evidence of logins being shared or products being purchased on a group basis, with a view to sharing logins we will cancel all access to all products with immediate effect for the individuals concerned, with NO refund.

5. Price and payment

1. The price of the Events, Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.

2. Event prices, Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.

3. It is always possible that, despite our best efforts, some of the Products and/or Events listed on our site may be incorrectly priced. We will normally verify prices as part of our Order Confirmation procedures. If the correct price of a Product or Event is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions or reject your order and notify you of such rejection.

4. We are under no obligation to provide any Product or Event to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.

5. If we agree with you that you may pay for a Product or Event in instalments, then each instalment must be paid by its due date (as notified by us to you).

6. If you fail to make any payment due to us by the due date for payment then, without limiting our other remedies, we may:
a. charge you interest on the overdue amount at the rate of 4% per annum above Barclays Plc’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You shall pay the interest immediately on demand;
b. charge any reasonable debt collection costs incurred in pursuing the debt, such costs to be payable by you on  demand;
c. refuse you entry to any Event (whether or not your booking on any such Event was a free bonus place for which you did not pay a specific fee);
d. refuse to provide you with any Event materials; and/or
e. refuse to provide you with any Products that you have ordered from us, whether or not you have paid for them.

8. Discounts for members of our Tribe membership are for Tribe members only. If Tribe members are found to be sharing discount codes or access to discounted products, their Tribe membership will be terminated and access to ALL products purchased will be cancelled with no refunds.

6. Our refunds policy

1. If you change your mind after purchase, you are not entitled to a refund.

2. Digital products do not fall within the 7 day ‘cooling off’ period required by UK Law.

3. We may close Facebook groups, remove individuals from Facebook groups and refuse membership to Facebook groups at our discretion and without notice. Facebook groups are free bonuses and do not constitute a paid element of a Product or Service.

4. We look at all cases on an individual basis – please email support@growthvine.io and we will reply to you within 10 working days.

7. Intellectual Property

1. All intellectual property rights (including but not limited to copyright) in all Products, Events and Event materials at all times belong to and shall remain vested in us and neither you nor any other person shall obtain any intellectual property rights or any other interest, right or title whatsoever in or to any Product or any Event materials or any part thereof save as otherwise expressly granted under these terms of supply.

2. If you purchase an Event for which we provide you Event materials, we hereby grant you a non-transferable, non-exclusive licence to use those materials strictly for the purpose of participating in the relevant Event and for your own educational, noncommercial purposes.

3. You shall ensure that such course materials are only made available to and accessed by you in accordance with clause 10.2 and you must not make available, copy, reproduce, disseminate, retransmit, sub-license, distribute, sell, publish, broadcast or otherwise supply in any medium and in any manner any such materials (or any part of them) to any third party.

8. Money Back Guarantees and Warranties

1.  Should we offer a money back guarantee on any of our products, this will be listed on the sales page. We do not offer one on every product. Any products offering this types of guarantees with be clearly marked.

2.  The duration of any guarantees will be stated on any pages where we offer them.

3.  In order to activate any money back guarantees, proof of your attempt to follow along with the steps set out in any courses will be required. You will be required to submit evidence of any coursework to be reviewed by us, within 30 days of your payment being processed.

4. Our decision on any money back guarantee claims is final and falls in line with our earnings disclaimer.

5. All materials on this site are made available to you as-is. GrowthVine makes no warranty, express or implied, as to these materials, their title, accuracy, non-infringement of third party rights, merchantability, or fitness for any particular purpose, or the performance or results you may obtain from their use.

9. Data Protection

1. Please refer to our Privacy Policy for full details regarding our use and management of data.

10. Our liability

1. Nothing in these terms of supply excludes or limits our liability for:
a. death or personal injury caused by our negligence;
b. fraud or fraudulent misrepresentation; or
c. any other matter for which it would be unlawful for us to exclude or attempt to exclude our liability.

2. Our maximum aggregate liability in respect of any claim arising out of any Contract, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the total sum paid for the particular Product and/or Event giving rise to the claim.

3. We will not be liable in contract, tort (including negligence), breach of statutory duty or otherwise for losses that fall into any of the following categories:
a. loss of income or revenue;
b. loss of business;
c. loss of profits;
d. loss of anticipated savings;
e. loss of data;
f. loss of goodwill;
g. loss of contract;
h. waste of management or office time; or
i. any special, indirect, consequential or pure economic loss which arises out of or in connection with these terms of supply even if we had been advised of the possibility of such loss.

4. We shall have no liability for any failure or delay in the performance of any of our obligations where any such failure or delay is due to any act or omission by you or any third party.

5. You assume sole responsibility for the selection, suitability and use of any Products or Events.

6. Under no circumstances shall GrowthVine be liable for any direct, incidental, special, consequential, indirect, or punitive damages that result from the use of, or the inability to use, the materials in this site. If you are dissatisfied with any materials on this site or these terms and conditions, your sole and exclusive remedy is to discontinue using or visiting this site.

11. Products

1. If you order Products from us they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

2. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

12. Written communications

Applicable laws require that some of the information or communications we send to you should be in writing. You accept that communication with us may be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

13. Notices

All notices given by you to us must be given to us at support@growthvine.io We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12 above. Notice will be deemed received by you and properly served on you immediately when posted on our site, 24 hours after an e-mail is sent to you, or three days after the date of posting of any letter to you. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified email address of the addressee.

14. Transfer of rights and obligations

1. The contract between you and us is binding on you and us and on our respective successors and assignees.

2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. In particular, you may not transfer to anyone else your place on an Event.

3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time.

15. Events outside our control

1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
a. strikes, lock-outs or other industrial action;
b. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
c. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
d. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
e. impossibility of the use of public or private telecommunications networks; and
f. the acts, decrees, legislation, regulations or restrictions of any government.

3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.

16. Waiver

1. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms of supply, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

2. A waiver by us of any default will not constitute a waiver of any subsequent default.

3. No waiver by us of any of these terms of supply will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

17. Severability

If any of these terms of supply or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

18. Entire agreement

1. These terms of supply and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.

2. We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not expressly set out in these terms of supply.

3. Each of us agrees that our only liability in respect of those representations and warranties that are expressly set out in these terms of Use and Supply(whether made innocently or negligently) will be for breach of contract.

4. Nothing in this clause limits or excludes any liability for fraud.

19. Our right to vary these terms of supply

1. We have the right to revise and amend these terms of supply from time to time.

2. You will be subject to the policies and terms supply in force at the time that you order Products, use our websites to access Information or Events from us.

20. Law and jurisdiction

Contracts and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any such dispute or claim will be subject to the nonexclusive jurisdiction of the courts of England and Wales.

21. Miscellaneous

You specifically consent to personal jurisdiction in England in connection with any dispute between you and GrowthVine arising out of these Terms of Use or pertaining to the subject matter hereof. In specifics, you consent to the handling of any issues to be done so at a court within County Durham.

If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and GrowthVine as a result of this agreement or use of either of GrowthVine’s websites.

These Terms of Use constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and GrowthVine with respect to either of GrowthVine’s websites.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain.

BY ACCESSING OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEBSITE, OR OTHER GROWTHVINE SERVICES, TOOLS, WEBSITES OR ANY OF GROWTHVINE’S CORE CONTRIBUTOR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE.

GROWTHVINE RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN GROWTHVINE’S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE TERMS OF USE HYPERLINK LOCATED AT THE BOTTOM OF EVERY PAGE ON THIS WEBSITE.

If you access this website from outside of the United Kingdom, you do so on your own initiative and you are responsible for compliance with local laws.

22. COPYRIGHTS

The trademarks, trade names, service marks, and logos (“Trademarks”) appearing on this Website, including without limitation GrowthVine TM and/or its distinctive logo.  All other content on this Website (“Copyrights”), including all page headers, custom graphics, button icons, and scripts are copyrighted works of GrowthVine, and may not be copied, imitated or used, in whole or in part, without the prior written permission of GrowthVine.

The rights in any third party trademarks or copyrighted works on this Website are retained by their respective owners.  Nothing in this Agreement shall confer any right of ownership of any of the Trademarks or Copyrights to you.  Further, nothing in this Agreement shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or Copyright without the express written permission of GrowthVine.  The misuse of the Trademark or Copyrighted works displayed in this site, or any other content on the site, is strictly prohibited and may expose you to liability.

This site and all materials on it are protected under British copyright laws, giving creators of original works of authorship the exclusive right to use their works for a limited period of time. With certain exceptions, copyrighted materials may not be used or copied without the express written consent of the copyright holder (GrowthVine Marketing Limited). This agreement describes the uses which you are permitted to make of the materials on this site.

23. Affiliates

This site may from feature affiliate links. This means that when you click on a link on this site, we may receive a small commission. You will never pay more a product or service for clicking on an affiliate link.

If you wish to not use any affiliate links, you can simply visit the website without clicking on one of our links. Where links on the site pertain to a 3rd Party, we may not have reviewed these links or the content behind these links may have changed and we are not responsible for what you access. These links do not mean that GrowthVine Marketing Limited necessarily endorses these sites, nor is GrowthVine Marketing Limited responsible for their contents or use.

24. Views and Opinions

The views and opinions expressed on this site are the author’s own. We define author as the writer of the piece and may not in any way represent the views or opinions of GrowthVine.

25. Submissions

Unless GrowthVine and you enter into a separate written contract for use of your content that states otherwise, you hereby grant to GrowthVine the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to GrowthVine through this site (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed.

GrowthVine will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future GrowthVine operations.

Any suggestions, creative ideas, inventions. or other materials which you submit to this site shall become the property of GrowthVine. GrowthVine may disclose or use any such submissions for any purpose without your consent or compensation therefore.

GrowthVine will treat any personal information that you submit through this site in accordance with its Privacy Policy and earnings disclaimer.

Further information regarding submissions contact support@growthvine.io

26. Prohibited Uses

Any commercial use of the materials on this site is strictly prohibited. You may not sell, redistribute, assign, sublicense, or otherwise transfer these materials, copy them for other than approved uses (see points above), publish them on other Web sites, in other media, or for personal gain, or remove any copyright or trademark notice, without express written permission from GrowthVine or Lyndsey Johnson.

27. Accurate information

By using the Site, speaking to or purchasing from GrowthVine and/or Lyndsey Johnson, you agree to provide true, accurate, current, and complete information about yourself as requested.

If any information provided by you is untrue, inaccurate, or incomplete, GrowthVine reserves the right to terminate your service and/or subscription and refuse any and all current or future use of the Services.

28. User Conduct

Prohibited actions on the Site include, but are not limited to uploading, posting, publishing, emailing, reproducing, distributing, or otherwise transmitting any content that may be viewed as:

a. Unlawful Infringement on the intellection property rights of others

b.Invasive of privacy

c.Harmful, defamatory, threatening, embarrassing, abusive, harassing, tortious, vulgar, obscene

d.Libelous, deceptive, or fraudulent

e.Containing explicit or graphic descriptions or accounts of sexual acts

f. Commercial in nature, including product descriptions or business URLs that could be viewed as an attempt to solicit business

g.Content cannot victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

By using the Site, you agree:

a. Not to post prohibited material

b. Not to disobey any requirements, procedures, policies, or regulations of networks connected to the Service

c. Not to impersonate, stalk, or harm another, or act in any manner that may negatively affect other Visitors and Authorized Customers.

d. Not to knowingly give out another’s private information

e. Not to upload, post, publish, email, reproduce, distribute, or otherwise transmit any content containing software viruses

f. Not to violate anyone’s rights in copyrights, trademarks or other intellectual property, and to abide by state and federal regulations and laws;

g.To assume responsibility for all material you post and to defend and indemnify Market Like A Nerd, LLC from any claims that may arise from the posting

29. Questions & Permission Requests

Any questions regarding the terms of this agreement or requests for permission to use materials on this site for any commercial or personal purpose should be directed to support@growthvine.io