As a condition of your use of the Service and Software, you will not use the Service or Software for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
1. GRANT OF SOFTWARE LICENSE
GrowthWorkbook.com hereby grants you a
non-exclusive, revocable, limited, non-sublicensable
license to use GrowthWorkbook.com software solely in accordance with these terms
and conditions ('License').
This License shall commence on the date you first use the Software and Services under these terms and conditions and shall continue unless or until terminated in accordance with clause 9 TERMINATION, BREACH, SUSPENSION AND CANCELLATION.
This Agreement is not a sale of materials to you but only a non-exclusive, limited license to use the Software as stated above.
You acknowledge that ownership of title in and to all intellectual property rights, including patent, trademark, service mark, and trade secret rights, proprietary information are and shall remain in GrowthWorkbook.com. You acquire only the right to use the GrowthWorkbook.com and do not acquire any ownership rights or title in or to the GrowthWorkbook.com proprietary information. The copyright in all material provided on this Site is held by GrowthWorkbook. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of GrowthWorkbook. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only; provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without GrowthWorkbook's permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
2. SERVICE PROVISIONS
1. Support: We are committed to helping you get the most out of the GrowthWorkbook software. We shall provide support through email for the duration of the License We shall use our reasonable efforts to provide an initial response within 48 hours to all e-mails received by us.
Support is available to all licensed GrowthWorkbook users during the following hours:
Email Support: Monday - Friday 8:00 a.m. - 6:00 p.m. GMT
2. Backup: We will maintain a backup to all customer data, but makes no claim about the accuracy and reliability of these backups. If You require Us to retrieve any Data from Our backup copies of the Data We may do so in our absolute discretion and at Your cost and expense. We shall not charge You for the retrieval of Your Data where the loss, deletion or distortion of Your Data arises or results from Our negligent act or omission.
3. Data Storage and Bandwidth: GrowthWorkbook reserves the right to limit the amount of space required to host your data and transfer bandwidth at our sole discretion at any time with or without notice.
4. Interruption of Service: We cannot guarantee to provide and maintain the System continuously and without interruptions and faults and may also temporarily suspend availability of the System in order to upgrade, repair or maintain any aspects of the technological infrastructure of the System. No reduction of payments will be made in the case of temporary interruption of Service. In no event shall GrowthWorkbook.com be liable for any damages due to temporary interruption of Service. GrowthWorkbook.com will not be liable for interruption or delays in transmission or errors or defects in transmission or failure to transmit when caused by fire, water, riots, terrorist acts, war, viruses, acts of Government or any other causes beyond the reasonable control of GrowthWorkbook.com. Because You will access the Service or Software over the public Internet, temporary disruptions of network connectivity will occur from time to time. Internet traffic is usually routed through many different Internet backbone providers on the way to its destination. GrowthWorkbook.com will not be liable for interruption or delays in transmission or errors or defects in transmission or failure to transmit when caused by any Internet backbone provider.
You shall not modify the Software, or sublicense or charge others to use or access the Software, or use the Software for a service bureau, or use the Software in any way not expressly authorized by this Agreement.
3. FEES, BILLING AND RENEWAL AGREEMENT
1. If You choose a Paid Account, we will request Your credit card information to add to Your Registration Data. Your credit card will be charged on the next first "Business Day" of the subsequent Month (the first calendar day of each month that is not a Saturday, Sunday or holiday) for your use of the Service from registration until the charge date. If You sign up for Your Account on a day other than the first day of a Month, or if You terminate the Service in the middle of a Month, the Monthly Fee for that Month of service will be pro-rated in accordance with the number of complete days during that Month when You could have used the Service, irrespective of whether You actually used the Service or not.
2. All charges are exclusive of local sales, use, personal property and similar taxes, which will be paid by Subscriber.
3. Direct debit is the only payment mechanism GrowthWorkbook will accept for payment of a monthly subscription fee ("Subscription Fee") for the Service. All currency references are in U.K. pounds.
4. As long as Your Account remains active and in good standing, GrowthWorkbook will charge and collect Fees either monthly, quarterly, six monthly or yearly in advance for use of the Service. GrowthWorkbook will charge Fee even if You never use the service. You may, however, cancel Your Account at any time.
5. Amounts past due will incur a late charge or finance charge at the rate of 1% per month, simple interest, calculated on the total unpaid fee and cost balance. Late charges or interest will continue to accrue at the same rate on any unpaid balance during any collection efforts and until the entire bill is paid in full. If we decide to seek collection of any past due bill, You agree to pay all reasonable costs of collection, including reasonable attorney fees.
6. Subscription Fees are charged in accordance with GrowthWorkbook prices as published on the website at the time of subscription and/or renewal. GrowthWorkbook may change prices at any time without prior notice, but will endeavour to provide reasonable advance notice via website and/or electronic mail.
7. Payment information: you must provide current, complete and accurate information for your billing account in order to receive the products/services ordered. You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify GrowthWorkbook if your payment method is cancelled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. If you fail to provide GrowthWorkbook any of the foregoing information, you agree that GrowthWorkbook may continue charging you for any product / service provided under your billing account unless you have terminated your subscription for such product / service (confirmed in writing upon request).
8. Failure to pay fees or to keep valid
auto-pay information up to date may result in the suspension or termination of
the Service and the destruction of all You Data.
4. CODE OF CONDUCT
You warrant, represent and undertake to us that:
· You are a customer of GrowthWorkbook and have obtained Your License from GrowthWorkbook;
· If you are 12 years old or younger you may not register with us on this Website. By entering your details on the Website you are stating you are 13 years old or older.
· All material uploaded, stored, posted, linked to, emailed or otherwise transmitted, distributed, published or disseminated by You when using the GrowthWorkbook Software and/or the Website shall not be unlawful, false, harassing, libellous, offensive, defamatory, threatening, obscene, harmful, breach or infringe the rights of any person anywhere in the world (including without limitation intellectual property rights) or otherwise objectionable material;
· You will not Upload, store, post, link to, email or otherwise transmit, distribute, publish or disseminate any site information, content or other information or material that (or the transmission, distribution, publication or dissemination of which) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party or otherwise violates the legal rights (such as rights of privacy and publicity) of others, violates any contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or is otherwise objectionable;
· You will not email or otherwise transmit, distribute, publish or disseminate any unsolicited advertising, survey, promotional materials, "junk email," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or duplicative or unsolicited messages (commercial or otherwise);
· You will not provide inaccurate, incomplete, outdated or misleading registration information, create a false identity or manipulate identifiers to mislead others to disguise the origin of any information stored on the subscribing organization Site or transmitted through the services, or impersonate any person or entity, or otherwise misrepresent any affiliation with a person or entity;
· You will not upload, store, post, link to, email or otherwise transmit, distribute, publish or disseminate any material that contains software viruses, trojan horses, worms, time bombs, cancelbots or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or circumvent any "copy-protect" devices, or any other harmful or disruptive program, or any warez, cracks, hacks, associated utilities or other piracy related information;
· You yourself will not, and also will not permit, assist or allow others to, reverse engineer, decompile, disassemble, re-engineer or otherwise discover or recreate or attempt to discover or recreate the Software;
· You will not attempt to gain unauthorized access to the services, content, other subscribing organization sites or site information or personal information, or other computer systems, servers or networks connected to the Services;
· In using the GrowthWorkbook website and service, you agree not to violate (intentionally or unintentionally) any applicable local, state, national or international law or regulation;
· You may not use the Service or Software in any manner that could damage, disable, overburden, or impair any GrowthWorkbook.com server, or the network(s) connected to any GrowthWorkbook.com server, or interfere with any other party's use and enjoyment of the Service or Software;
· You may not attempt to gain unauthorized access to the Service or Software, other accounts, computer systems or networks connected to any GrowthWorkbook.com server through hacking, password mining or any other means;
· You may not attempt to gain unauthorized access to the services, content, other subscribing organization sites or site information or personal information, or other computer systems, servers or networks connected to the Services;
· You agree that the internet is an inherently insecure medium for the transmission of data and intellectual property. At any time, your electronic transmissions from any location to GrowthWorkbook's service may be monitored, redirected, or otherwise interfered with by a third party. GrowthWorkbook has put reasonable measures in place to prevent third parties from maliciously interfering with electronic transmissions to and from GrowthWorkbook's service. However, GrowthWorkbook does not make any representations as to the effectiveness of these measures.
· You will not impersonate any person or entity, including, but not limited to, a GrowthWorkbook official, guide or host, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
· You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
· You will not upload, post, or transmit unsolicited commercial email or "spam". This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam", including but not limited to (a) sending mass email to recipients who haven't requested email from You or with a fake return address, (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting Your site by posting multiple submissions in public forums that are identical;
· You will not promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;
· You will not exceed the scope of the Service that You have signed up for; for example, accessing and using the tools that You do not have a right to use, or having humans share User logins, or deleting, adding to, or otherwise changing other people's comments or content as an Account holder.
· You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service or Software
· You recognize that the Internet is accessible to anyone with the appropriate technical capability and as such it is impossible to protect totally against the abuse of the System by third parties, including the introduction of a virus onto the System. You acknowledge that it is Your responsibility to satisfy Yourself that Your own information technology is protected against computer viruses and that Your connection to the System is secure.
· You understand that all Content is the sole responsibility of the person from which such Content originated. This means that You, and not GrowthWorkbook, are entirely responsible for all Content that You upload, post, transmit or otherwise make available via Your Account or the Service. GrowthWorkbook does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
· You understand that by using the Service, You may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will GrowthWorkbook be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, 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 Service.
· You acknowledge that GrowthWorkbook does not pre-screen Content, but that GrowthWorkbook and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, GrowthWorkbook and its designees shall have the right (but not the obligation) to delete, move or edit any Content and require the user to delete, move or edit any Content that violates the Agreement or is otherwise objectionable.
· You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express permission by GrowthWorkbook.
· You agree to be fully liable for the use of your account, including any unauthorized use of your account by a third party.
· GrowthWorkbook reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that GrowthWorkbook shall not be liable to You or to any third party for any modification, suspension, termination or discontinuance of the Service.
· No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between You and GrowthWorkbook is intended or created by this Agreement.
If any user is reported to be in violation with the letter or spirit of these terms, GrowthWorkbook retains the right to terminate such account at any time without further warning.
5. ACCOUNT, PASSWORD AND SECURITY
In order to utilize the GrowthWorkbook.com services, you must have an account. Administrator uses Email and Password which are used to register an account and enable account login. You can change password anytime after your first login. You are entirely responsible for maintaining the confidentiality of your login and password. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify GrowthWorkbook immediately of any unauthorized use of your account or any other breach of security. GrowthWorkbook will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by GrowthWorkbook or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
7. DISCLAIMER OF WARRANTIES
CRM Ultimate Private Limited expressly disclaims any warranty for the service. The service and any related documentation is provided "as is" and 'as available' basis without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or noninfringement. GrowthWorkbook does not warrant that the functions contained in the Program will be entirely error free or appear precisely as described in the Program Manuals or Help Files. Use of the Service is at Your sole risk. You will be solely responsible for any damage to You resulting from the use of the Service. The entire risk arising out of use or performance of the service remains with you.
GrowthWorkbook makes no representations about the availability, accuracy, reliability, suitability, completeness, or timeliness of any of its services or any of the material provided on this website or about the results to be obtained from using its services or the website. You use this website and GrowthWorkbook's services at your own risk. Changes are periodically made to the website and may be made at any time.
CRM Ultimate Private Limited shall not responsible for obsolescence of GrowthWorkbook that may result from changes in Company's requirements.
No advice or information, whether oral or written, obtained by You from GrowthWorkbook or through or from the service shall create any warranty not expressly stated in the terms of service.
Software is complex, and by its very nature will contain some defects. CRM Ultimate Private Limited may or may not attempt to correct such defects in its software at its own discretion.
This Limited Warranty is void if failure of the Software has resulted from modification, accident, abuse, or misapplication.
8. LIMITATION OF LIABILITY
In no event CRMUltimate, its employees, distributors, suppliers, directors, nor agents shall be liable for any indirect, incidental, consequential, special, punitive or exemplary damages, including but not limited to lost profits and lost data, in any way arising out of or relating to this agreement, even in the event such party has been advised as to the possibility of such damages. The foregoing liability limitations shall apply to the maximum extent allowed by applicable law.
You also agree that your sole remedy under the terms and conditions of this agreement is cancellation of the service.
You agree to indemnify, defend and hold harmless CRMUltimate, its affiliates, officers, directors, employees, consultants, agents, suppliers and Resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorney’s fees as and when incurred) arising from Your use of the Service, Your use of Your Account, Your violation of this Agreement or the infringement or violation by You or any other User of Your Account, of any intellectual property or other right of any person or entity.
Failure by either party to exercise any of its rights under or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect.
9. TERMINATION, BREACH, SUSPENSION AND CANCELLATION
GrowthWorkbook may terminate the service for non-payment of dues at any time.
GrowthWorkbook may also, at its sole discretion, at any time and for any reason, terminate the Service, terminate this Agreement, or suspend or terminate Your Account with or without notice and will be effective immediately. In addition, GrowthWorkbook, in its sole discretion, may terminate your account for violation of the letter or spirit of the Terms of Service. You agree that GrowthWorkbook shall not be liable to You or any third party for such Termination of the Service. In the event of suspension or termination, Your account will be disabled and You may not be granted access to Your Account or any files or other Content contained in Your Account, and GrowthWorkbook may delete Your Content, although residual copies of information may remain in our system for some time for back-up purposes. In the event of termination, GrowthWorkbook may also withdraw and at its discretion reallocate the public web address of Your Account.
Immediately following termination of these terms and conditions for whatever reason, You shall cease to use the Services and You will no longer have access to the Data.
The provisions of Sections 4, 6, 7, 8 and 10 shall survive any such termination.
10. ENTIRE AGREEMENT/GENERAL PROVISIONS
This Agreement embodies the entire understanding and agreement between the parties respecting the subject matter of this Agreement and supersedes any and all prior understandings and agreements between the parties respecting such subject matter. GrowthWorkbook may change the terms of this Agreement at any time by posting modified terms on its website. This Agreement has been prepared in the English Language and such version shall be controlling in all respects and any non-English version of this Agreement is solely for accommodation purposes. Any and all rights and remedies of GrowthWorkbook upon Your breach or other default under this Agreement will be deemed cumulative and not exclusive of any other right or remedy conferred by this Agreement or by law or equity on GrowthWorkbook, and the exercise of any one remedy will not preclude the exercise of any other. The captions and headings appearing in this Agreement are for reference only and will not be considered in construing this Agreement. Notices to You may be made via either email or regular mail. The Service may also provide notices of changes to the Agreement or other matters by displaying notices or links to notices to You generally on the Service. All notices or other correspondence to GrowthWorkbook under this Agreement must be sent to the following electronic mail address for such purpose: hitesh@CRMUltimate.com or to the mailing address Devonshire House, Manor Way, Borehamwood, WD6 1QQ, United Kingdom.
11. GOVERNING LAW AND JURISDICTION
This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English Courts.