Terms & Conditions
We are Growth Surfers Ltd (‘Company’, ‘we’, ‘us’, ‘our’, or ‘Agency’), a company registered in the United Kingdom at 8 Poyntz Gardens, Northampton, Northamptonshire NN5 7RY.
For more information on Growth Surfers Ltd please click here to view on Companies House.
We operate the website https://growthsurfers.com (the ‘Site’), as well as any other related products and services that refer or link to these legal terms (the ‘Legal Terms’) (collectively, the ‘Services’).
You can contact us by email at email@example.com, or by mail to: 8 Poyntz Gardens, Northampton, Northamptonshire NN5 7RY, United Kingdom.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (‘you’), and Growth Surfers Ltd, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms.
IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you by firstname.lastname@example.org, as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
Definitions and Interpretation
“Affiliate” means a company, firm or individual that Controls, is Controlled by, or is under common Control with the relevant company, firm or individual;
“Agreement” means the agreement between the Company and the Customer incorporating these Web Marketing Terms and the Proposal, and any amendments to it from time to time;
“Business Day” means any week day, other than a bank or public holiday in England;
“Business Hours” means between 08:00 and 18:00 GMT on a Business Day;
“Charges” means the amounts payable by the Customer to the Company under or in relation to the Agreement (including expenses);
“Company” means Growth Surfers Ltd having its registered office at 8 Poyntz Gardens, Northampton, NN5 7RY.
“Confidential Information” means any information supplied (whether supplied in writing, orally or otherwise) by one party to the other party marked as “confidential”, described as “confidential” or reasonably understood to be confidential;
“Control” means the legal power to control (directly or indirectly) the management of an entity (and “Controlled” will be construed accordingly);
“Customer” means the customer for services under the Agreement as specified in the Proposal;
“Effective Date” means the date when the Company commences the campaign, following the Customer’s acceptance of the Proposal and these Web Marketing Terms;
“Force Majeure Event” means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of or problems with the internet or a part of the internet, hacker attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);
“Rate” means the Company’s fees as specified in the Proposal and as updated at any time after the end of the Minimum Term by the Company giving at least 30 days written notice of the update to the Customer;
“Intellectual Property Rights” means all intellectual property rights wherever in the world, whether registered or unregistered, including any application or right of application for such rights (and the “intellectual property rights” referred to above include copyright and related rights, moral rights, database rights, confidential information, trade secrets, know-how, business names, trade names, domain names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);
“Minimum Term” means the period defined starting on the Effective Date;
“Personal Data” has the meaning given to it in the Data Protection Act 2018 and the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council;
“Proposal” means the proposal document issued by the Company detailing the scope of the Services and other matters relating to the Agreement;
“Services” means marketing services relating to the Website;
“Term” means the term of the Agreement;
“Website” means the website or websites specified in the Proposal; and
“Year” means a period of 365 days (or 366 days if there is a 29 February during the relevant period) starting on the Effective Date or on any anniversary of contract start date.
Growth Surfers may offer SEO services or other services. We use reasonable efforts to provide these services to you; however, all services provided depend on innumerable factors and market variables that are outside of our direct control. For these reasons, all services offered are not guaranteed and are offered “as-is”. Where you decide to use any services offered by the Platform, you agree that we make no guarantees including but not limited to web placement, rankings, or any profits.
You understand that the services offered may have variance, be inexact, cause negative effects, or be otherwise incorrect. An increase in search engine ranking, increase in business, or any other associated benefits are neither implied nor guaranteed.
Website rankings or results may vary by region, search engine, or fluctuate based on factors outside of our control. Due to the nature of our services, you agree:
- Growth Surfers are not responsible for any changes made to a user’s website that adversely affects the search engine rankings of the user’s website.
- Growth Surfers has no control over the policies of search engines with respect to the type of sites and/or content that they accept now or in the future and user may be excluded from any directory or search engine at any time at the sole discretion of the search engine or directory.
- Growth Surfers cannot and does not guarantee any position change, fixed position, or position increase for any keyword, phrase, or search term.
- Growth Surfers makes no representations as to any profits or increased business as related to a user’s use of the services.
- Growth Surfers has no control over any actions or inaction by any search engines related to a user’s website or a website’s ranking.
You agree to release us from any liability that we may incur for providing you any services offered via Platform. You agree that any service or any other information found on the Platform may be inaccurate, unsubstantiated or possibly even incorrect. You agree to release us from any liability that we may have to in relation to your use of our services.
Intellectual Property Rights
Our Intellectual Property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the ‘Content’), as well as the trademarks, service marks, and logos contained therein (the ‘Marks’).
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services ‘AS IS’ for your internal business purpose only.
Your Use Of Our Services
Subject to your compliance with these Legal Terms, including the ‘Prohibited Activities‘ section below, we grant you a non-exclusive, non-transferable, revocable licence to:
- Access the Services; and
- Download or print a copy of any portion of the Content to which you have properly gained access.
solely for your internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: email@example.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Your Submissions and Contributions
Please review this section and the ‘Prohibited Activities‘ section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (‘Submissions’), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material (‘Contributions’). Any Submission that is publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the Services and possibly through third-party websites.
When you post Contributions, you grant us a licence (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and licence to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicence the licences granted in this section. Our use and distribution may occur in any media formats and through any media channels.
This licence includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.
You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:
- Confirm that you have read and agree with our ‘Prohibited Activities‘ and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
- to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution;
- warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licences to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and
- warrant and represent that your Submissions and/or Contributions do not constitute confidential information.
You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the ‘Copyright Infringements‘ section below.
By using the Services, you represent and warrant that:
- all registration information you submit will be true, accurate, current, and complete;
- you will maintain the accuracy of such information and promptly update such registration information as necessary;
- you have the legal capacity and you agree to comply with these Legal Terms;
- you are not a minor in the jurisdiction in which you reside;
- you will not access the Services through automated or non-human means, whether through a bot, script or otherwise;
- you will not use the Services for any illegal or unauthorised purpose; and
- your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
Growth Surfers Ltd provides a range of digital marketing services, including search engine optimization (SEO), content marketing, and other related services (the “Services”). In addition to these services, Growth Surfers Ltd may also offer other physical and digital products, such as books, courses, or other marketing materials (the “Products”).
Please note that while Growth Surfers Ltd takes care to ensure the quality of our Services and Products, we do not make any guarantees as to their accuracy or effectiveness. Furthermore, Growth Surfers Ltd reserves the right to modify, discontinue, or replace any of our Services or Products at any time without prior notice.
If you choose to purchase any of our Products, please note that additional terms and conditions may apply, including but not limited to payment terms and shipping policies. By purchasing any of our Products, you agree to abide by these additional terms and conditions.
If you have any questions or concerns regarding our Services or Products, please contact us at firstname.lastname@example.org.
Purchases and Payment
- You agree to pay all fees or charges for the Services in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable.
- Monthly subscription packages for our Services are provided on an initial 6-month rolling contract which is then moved to a 3-month rolling term. Payment will be taken by our third-party checkout provider Stripe, which will bill you every 30 days from the commencement of any agreement.
- You are responsible for paying any and all taxes levied on any fees or charges that we may collect from you.
- We reserve the right to modify or implement new fees, charges and billing terms at any time with at least thirty (30) days prior notice to you.
- Payments are made by a third-party checkout provider Stripe. You agree to provide Stripe with accurate and complete billing information including your full name, address, telephone number, and a valid payment method information.
- By submitting such payment information, you automatically authorise Stripe to charge all fees incurred through your account to any such payment instruments.
- In the event of non-payment or late payment, we reserve the right to immediately suspend or terminate the Services.
- Growth Surfers Ltd does not offer refunds for any fees or charges paid for Services. However, if you have any concerns regarding the quality of the Services, please contact us immediately so we can work to resolve the issue.
- If you dispute any charge made by Stripe, you must contact us in writing within fourteen (14) days of such charge. You agree to waive all disputes not brought within the 14-day period, and such charge will be deemed final and not subject to challenge.
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorised framing of or linking to the Services.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (‘gifs’), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as ‘spyware’ or ‘passive collection mechanisms’ or ‘pcms’).
- Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorised script or other software.
- Use a buying agent or purchasing agent to make purchases on the Services.
- Make any unauthorised use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
- Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavour or commercial enterprise.
- Use the Services to advertise or offer to sell goods and services.
- Sell or otherwise transfer your profile.
- Use the support services improperly, or submit false reports of abuse or misconduct.
- Use your site inconsistently with any applicable laws or regulations.
- Framing or linking to your Site without authorization.
- Attempt to upload or transmit viruses, Trojan horses, or other materials (including excessive use of capital letters and spamming) that interferes with any party’s uninterrupted use of your Site and its features.
- Use scripts, data-mining, robots, or similar data gathering tools to send comments or messages.
- Delete the copyright or other proprietary rights notice from any content.
- Upload any materials that actively or passively collects information or acts as a transmission mechanism (includes gifs, 1×1 pixels, web bugs, cookies, spyware, pcms, etc.).
- Interfere, disrupt, or create an undue burden on your Site, networks, or services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of your Site to you.
- Bypass measures of your Site designed to prevent/restrict access.
- Decipher, decompile, disassemble, or reverse engineer any of the software that makes up your Site.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorised script or other software.
- Use any automated system (spiders, robots, cheat utility, scraper, offline reader) to access the site, or launch any unauthorised script or software (Unless as a result of a standard search engine or internet browser usage).
- Use this site in an unauthorised way (collecting usernames, email addresses, of users for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences).
- Use your site in an effort to compete with you, or otherwise use your Site and/or the content Content for any revenue-generating endeavour or commercial enterprise.
Third-Party Websites and Consent
The Services may contain (or you may be sent via the Site) links to other websites (‘Third-Party Websites’) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (‘Third-Party Content’). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern.
You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
We allow advertisers to display their advertisements and other information in certain areas of the Services, such as sidebar advertisements or banner advertisements. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
Growth Surfers Ltd provides digital marketing services, including but not limited to, search engine optimisation (SEO) and content marketing (SEM) (the “Services”). Our team of professionals will work with you to deliver the Services in accordance with the terms outlined in the proposal and/or contract agreed upon by both parties.
As part of the Services, we may provide access to certain tools and software to assist in the management and optimisation of your digital marketing campaigns. These tools and software are owned and operated by third-party providers and are subject to their respective terms and conditions.
We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, including the availability of any features or content, without prior notice or liability. We may also impose limits on certain features or restrict your access to parts or all of the Services without notice or liability.
It is your responsibility to ensure that all content and materials provided to us for use in connection with the Services do not infringe upon any intellectual property rights or violate any applicable laws or regulations. We reserve the right to remove or refuse any content or materials that we believe violate these terms or are otherwise objectionable.
Please note that the Services are not intended for use by minors. If you are under 18 years of age, you may not use the Services without the consent and supervision of a parent or guardian.
If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United Kingdom, then through your continued use of the Services, you are transferring your data to the United Kingdom, and you expressly consent to have your data transferred to and processed in the United Kingdom.
Growth Surfers Ltd respects the intellectual property rights of others and expects our users to do the same. If you believe that any material available on our website infringes upon any copyright you own or control, please promptly notify us using the contact information provided below. We will investigate your claim and take appropriate action as necessary.
To be effective, your notice of claimed infringement must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please be aware that if you knowingly materially misrepresent that material or activity on the website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under applicable law.
Term and Termination
The term of any service agreement shall be for a period of 6 months (“Initial Term”) and shall automatically renew for successive 6-month periods (each, a “Renewal Term”) unless either party provides written notice of termination at least 30 days prior to the end of the Initial Term or then-current Renewal Term.
Either party may terminate this agreement upon written notice to the other party in the event of a material breach of this agreement by the other party, if such breach is not cured within 14 days after receipt of written notice specifying the breach.
Either party may terminate this agreement immediately upon written notice to the other party in the event of the other party’s insolvency, bankruptcy, or assignment for the benefit of creditors.
In the event of termination or expiration of this agreement, all rights and obligations of the parties under this agreement shall immediately terminate except for any obligations that, by their nature, survive termination, including but not limited to, any payment obligations.
No refunds shall be made for any fees paid under this agreement upon termination of the agreement by either party.
Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
These Legal Terms are governed by and interpreted following the laws of the United Kingdom, and the use of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law in your country to residence. Growth Surfers Ltd and yourself both agree to submit to the non-exclusive jurisdiction of the courts of United Kingdom, which means that you may make a claim to defend your consumer protection rights in regards to these Legal Terms in the United Kingdom, or in the EU country in which you reside.
The European Commission provides an online dispute resolution platform, which you can access here: https://ec.europa.eu/consumers/odr/main/index.cfm. If you would like to bring this subject to our attention, please contact us.
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:
- ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,
- PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES,
- ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
- ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES,
- ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR
- ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitations of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
- your Contributions;
- use of the Services;
- breach of these Legal Terms;
- any breach of your representations and warranties set forth in these Legal Terms;
- your violation of the rights of a third party, including but not limited to intellectual property rights; or
- any overt harmful act toward any other user of the Services with whom you connected via the Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Electronic Communications, Transactions, and Signatures
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Growth Surfers Ltd
8 Poyntz Gardens
Alternatively, you can email us at: email@example.com
This document was last updated: 7 months ago