Growd - Customer Agreement
These user terms of service (the “Terms”) are a legal and binding agreement between you and Growd Global Ltd (Company registration no. 12000198 -UK and PVT-6LUD2E9 – Kenya), whose registered address is 198 Nether Street, West Finchley, London, N3 1PE United Kingdom and Kipro Centre, Prof. Saitoti Avenue, Westlands – Nairobi, Kenya trading as “Growd” (“Us”, “We” or “Our” shall be construed accordingly) and are the terms upon which We, at Our discretion, permit you to access and use the Growd mobile application (in each available version, including iOS and android) (each version being referred to hereafter as, the “App”) and the activities pages of our website located on (www.growd.org) (the “Website”).
The App and Website shall collectively be referred to as “Growd Service”.
2. Important Notices about the Growd Service
2.1 By accessing the Growd Service, you are acknowledging that you have read, understood and thereafter accepted the Terms. These Terms are available only in the English language.
2.2 The Growd Service comprises an online platform through which listings for particular child development activities (“activities”) may be posted by Us or by third party providers (“providers”) of the relevant activities for your review and selection.
2.3 You acknowledge that when you make a booking for a particular activity through the Growd Service in respect of a particular Listing, We are acting solely as an intermediary/agent and that you are entering into a transaction with the relevant provider. You further acknowledge that it is the provider’s responsibility and not ours, to provide the relevant activity listed in each Listing.
2.4 We are Growd Global Limited, a company registered in England & Wales (Company registration number 12000198 -UK and PVT-6LUD2E9 – Kenya) whose registered address is 198 Nether Street, West Finchley, London, N3 1PE, United Kingdom and Kipro Centre, Prof. Saitoti Avenue, Westlands – Nairobi, Kenya.
2.5 You acknowledge you will not be able to access and use certain functionalities of the App unless you have internet access through a GPRS, 4G, 3G or Wi-Fi connected mobile device. All traffic charges or access charges incurred due to the use of the App are subject to your agreed terms with your specified mobile network provider.
While you may access the Growd Service without creating an account, in order to access certain functionality, such as saving and booking activities, you must create an account.
By creating an account with Growd, you:
a) consent to Us conducting verification and security procedures in respect to the information you provided during the registration process and;
agree to keep your login and account details confidential and secure.
4. Changes to the Growd Service and these Terms
4.1 We reserve the right to alter the Growd Service at any time, including adding, removing or changing features (which may advantage or disadvantage you). We will give you reasonable notice of any material changes to the Growd Service.
4.2 We may need to change these Terms for legal or business reasons, and when we do so, we shall give you adequate notice by posting such changes on the Terms of Service page.
4.3 If We change the Growd Service or the Terms to your detriment, you can end your use of the Growd Service at any time. Please see Section 10 for more details on ending your use of the Growd Service.
5. Your Promises
5.1 You promise that all information and details provided by you to Us (including on registration for an account) are true, accurate and up to date to the best of your knowledge in all respects and at all times. You can update or correct your personal details at any time through the account settings section of the Growd Service.
6. Personal Information
6.2 While we take reasonable steps to ensure that the Growd Service is reasonably secure, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any information you post, send or share using the Growd Service may be read or intercepted by others.
6.3 Please note that where we include links in the Growd Service to the applications, websites or services of providers or other third parties, via any Listing or otherwise, we are not responsible for the privacy practices of such third parties, or the way they handle any personal information they collect about you. You should ensure you read their privacy policies carefully before using these third-party websites or services.
7. Your rights to use the Growd Service
7.1 In exchange for you complying with the Terms, We grant you, at Our discretion, a revocable, non-transferable and non-exclusive license to access and use the Growd Service for your personal use only.
7.2 You acknowledge that your use of the Growd Service grants you no rights in or to the Growd Service or any of Our Intellectual Property rights (including copyright, trademarks and patents) other than the right to use the Growd Service in accordance with the Terms.
8. Charges and Payments
8.1 The App is available for download, free of charge, through the Google Play Store for Android phones and the App store on iOS devices.
8.2 If you decide to enter into a transaction with an provider via the Growd Service in respect of a particular Listing, the relevant charge to be paid to the relevant provider through the Growd Service will be set out in the relevant activity. Given that you are entering into the transaction directly with the relevant provider, you acknowledge the price for the relevant activity will be as determined by the provider and as listed in the relevant Listing. We have no authority or capability whatsoever to amend this price.
8.3 The charges are stated exclusive of transactional charges as applied in your respective country. Further details (including details of Our accepted methods of payment) are provided prior to the point of purchase.
8.4 Shortly after confirming your order, you will receive a confirmation email from Us, providing details of the purchase you are making, our role as an intermediary and payment agent for such purchase and that such purchase is being made from the relevant provider, subject to the terms and conditions of that provider, which are set out in the relevant activity and which you accepted prior to purchase. You may also receive a separate confirmation email from the relevant provider.
8.5 When entering into a transaction with a credit or debit card, you confirm that the credit or debit card that is being used is yours. All credit and debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your card refuses to authorize payment, We will not accept the transaction. We are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit or debit card payment in accordance with your requested order. If you dispute any payments taken by Us from your payment card, We recommend you first contact Us to discuss the relevant transaction.
9. Restrictions on your use of the Growd Service
not to copy the Growd Service (or any part of it) except where such copying is incidental to your use of the Growd Service in accordance with the Terms;
not to make alterations to, or modifications of, the whole or any part of the Growd Service, or permit the Growd Service or any part of any of them to be combined with, or become incorporated in, any other programs;
not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Growd Service;
not to remove, modify, alter or use any copyrighted material, brand, trademark or logo owned by Us, or otherwise do anything which may be seen to take unfair advantage of Our reputation and goodwill or could be considered an infringement of any of the intellectual property rights owned and/or licensed to Us, without first obtaining Our written permission;
not to create alternative servers for use with the Growd Service;
not to rely on the accuracy of any data provided to you as part of the Growd Service;
not to use or create software which automatically interacts with the Growd Service, such that the level of user interaction required is less than would be required without that software (except to the extent required for web accessibility purposes);
not to do anything which may disrupt, damage, or impair the Growd Service (or any part thereof), or prevent other users from using any part of the Growd Service;
not to intercept or modify the communications between the Growd Service and Our servers;
not to deliberately exploit any bugs you find in the Growd Service;
not to use the Growd Service for any illegal or unlawful purpose; and
not to provide or otherwise make available the Growd Service in whole or in part (including any object and source code), in any form, to any person, without prior written consent from Us.
10. Ending your use of the Growd Service
10.1 You can simply choose to stop using the Growd Service. In addition, you may log out from your account via the account settings of the Growd Service. You may also contact Us via the “Contact Us” function and request that we deactivate your account. You may also remove the App from your device(s) at any time.
10.2 You acknowledge that your use of the Growd Service is subject to Our discretion and We may, in the event of your breach of the Terms, at Our sole discretion, withdraw your rights to use the Growd Service on the provision of written notice with immediate effect.
11. Cancellation of any transaction entered into through the Growd Service
11.1 After entering into a transaction with an provider through the Growd Service, any requests to cancel a transaction and subsequently get a refund should be sent to email@example.com. Cancellation requests within reasonable time (not less than 72 hours) will be processed by Growd. However, acceptance of such requests (including any conditions placed on such acceptance) is subject to the sole discretion of the relevant provider. If the provider approves your refund, We shall procure that your transaction with the relevant provider is cancelled. We shall confirm the cancellation of your transaction by sending you a cancellation email and, on behalf of the relevant , shall issue you a full refund within 7 working days by the same means of payment which you used in order to make the relevant payment in respect to the cancelled transaction.
In the event that a provider cancels (for any reason) any activity for which you have entered into a transaction through the Growd Service, We shall notify you promptly by email and, on behalf of the relevant provider, shall issue you with a full refund within 7 working days by the same means of payment which you used in order to make the relevant payment in respect of the transaction that has been cancelled. Please note that this refund does not affect any legal rights that you may have to seek any additional remedies for additional compensation directly from the relevant provider.
12. Acceptable use of the Growd Service
12.1 You acknowledge that the Growd Service enables you to view activities and enter into transactions with providers. We also provide a platform for you to rate the Providers, communicate with other users of the Growd Service and post messages, personal information, images, text and other material (“User Content”) which can be seen by others.
12.2 By using the Growd Service, you agree:
to comply with any guidelines provided or reasonable instructions issued by Us from time to time in respect of your use of the App;
to notify Us immediately of any circumstances where any intellectual property rights or any other rights of any third party may have been infringed;
to take reasonable steps to ensure your mobile device contains active anti-virus protection;
not to post or otherwise make available any User Content which is unlawful, defamatory, obscene, offensive, illegal, incites hatred or criminal activity, has the effect of being harassing, threatening or abusive to any individual or group of individuals (including on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability or otherwise);
not to violate any third party’s rights (including a breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right);
not to advertise or promote any business, commercial venture or any products and services, unless expressly permitted by us.
not to knowingly post false, misleading, untruthful or inaccurate information;
not to discriminate against other users of the Growd Service;
not to create spam messages;
not to distribute viruses or any other technologies that may harm Us or the interests of any other users of the Growd Service, or otherwise interfere with or disrupt Our systems;
not to do anything to bring Us or the Growd Service into embarrassment or disrepute;
not to solicit or attempt to solicit personal information from any other user; and
not to impersonate any other person; and not to use Our messaging facilities to misrepresent, lie to or deceive other users (i.e. you must not ‘scam’ other users).
12.3 If any User Content makes you feel threatened, or abused, or if you believe any User Content is offensive or otherwise breaches the Terms, please contact Us directly.
12.4 By posting or making available any User Content via the Growd Service, or by sending any User Content to Us, you are promising Us that you have the right and all necessary approvals to use such User Content and that We can use it in any media without any payment or obligation to you or anyone else. You further promise Us that the availability or publishing of any such User Content as part of the Growd Service will not cause Us to infringe the rights of any third party or to be in breach of any applicable law or regulation. You agree to compensate Us for any losses We suffer as a direct result of any breach by you of any of the promises made by you in these Terms.
12.5 You acknowledge that We have the right to monitor or moderate any User Content. We may remove any content if We become aware of any User Content that We consider non-compliant with the Terms.
12.6 If you post or submit User Content, unless We indicate otherwise, you grant:
(a) Us and our subsidiaries/assigns/affiliates a non-exclusive, royalty-free, fully sub-licensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such User Content throughout the world, whether on a commercial or non-commercial basis, in any media; and
(b) Us, our sublicensees and transferees the right to use the name that you submit in connection with such User Content, if We or our subsidiaries/assigns/affiliates should choose to do so.
12.7 You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such User Content. To the extent permitted by law, you agree to waive your right to be identified as the author of such User Content and your right to object to derogatory treatment of such User Content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Us including the execution of deeds and documents, at our request and cost.
13. Caveat Auditor and Disclaimers
13.1 The information available through the provision of the Growd Service, including both activities and User Content (the “Information”) is provided to you for your personal purposes only.
13.2 Please note that while we put in place policies and take reasonable steps to ensure that any activities are posted by reputable providers, we do not guarantee the accuracy or validity of any Information (including the relevant time, date, cost of location of any activity detailed in any Listing) or in any way endorse the suitability of any activity described in any Listing for a particular age range. You acknowledge that any transaction entered into following review of any Listing on the Growd Service (whether that transaction is entered into via the Growd Service or directly with the relevant third party) is conducted at your own discretion and risk. You are advised to check the authenticity and validity of event timings, age suitability, costs and related event information prior to committing to purchases or attending an event or place.
13.3 Where the Growd Service includes views, opinions, advice and recommendations, such views, opinions, advice and recommendations are not endorsed by Us and to the maximum extent permitted by law, We shall not be liable on account of the accuracy, defamatory nature, completeness, timeliness or otherwise of such views, opinions, advice and recommendations.
13.4 Please note that the Growd Service may include links to third party websites. We accept no responsibility for the availability, suitability, reliability or content of such third-party websites and We do not necessarily endorse the views expressed within them.
14. Your legal rights and Our liability limits
14.1 We accept liability for death or personal injury caused by Our negligence or that of Our employees and agents. We also accept liability for fraud and fraudulent misrepresentation by Us or Our employees or agents.
14.2 If We are in breach of the Terms, We shall only be liable for losses which are of a reasonably foreseeable nature (“Foreseeable” means that the losses could have been reasonably contemplated by you and Us at the time of entering into these Terms). Consequence of such a breach shall be up to the greater of:
(i) the amount of fees amounts paid by you in bookings made through the Growd Service in the preceding 3 months; and
(ii) Ksh 10,000.
14.3 You have certain rights under the law. Nothing in the Terms (including in this section 14) is intended to or will affect your statutory rights. Save as expressly set out in this Agreement, all conditions, representations, warranties, undertakings or other terms whether express or implied, statutory or otherwise are excluded from this Agreement to the fullest extent permitted by law.
15.1 If you breach the Terms, then (without limiting any other remedy We may have), We may at Our sole discretion, disable, partially disable, modify, or delete any or all of your accounts, block your IP address or device from accessing the Growd Service, or through an order enforceable by the Court, partially or fully restrict your access to the Growd Service.
15.2 You also agree to compensate Us and keep Us compensated for any loss We suffer (including financial or reputational loss) as a consequence of your breach of any of the Terms.
16. Availability of the Growd Service
Whilst We use reasonable efforts to provide a reliable service and software, We do not and cannot guarantee that the Growd Service will be available 100% of the time. All software may contain bugs, and all hardware can suffer failures. You also acknowledge that failures, defects or other issues which have a detrimental effect on the Growd Service may occur due to events beyond Our reasonable control.
17. Force Majeure
17.1 Neither party shall be liable for failure to perform, nor be deemed to be in default, under this Agreement for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to failure of performance by the other party, acts of state or governmental authorities, acts of terrorism, natural catastrophe, fire, storm, flood, earthquake, riot, insurrection, civil disturbance, sabotage, embargo, blockade, acts of war, or power failure. In the event of such delay, the date of delivery or time of completion will be extended by a period of time reasonably necessary to overcome the effect of any such delay.
17.2 In addition, We are not responsible for:
(i) losses incurred through no fault of our own;
(ii) indirect losses which means loss to you which is a side effect of the main loss or damage and where you and We could not have reasonably anticipated that type of loss arising at the time of entering into the Terms;
(iii) any loss arising as a result of the accuracy, timeliness, completeness or usefulness of any Information (including any Listing); or
(iv) failure to provide the Growd Service or to meet any of Our obligations under the Terms where such failure is due to events beyond Our control (for example a network failure).
18.Rights of third parties
The Terms are not intended to give rights to anyone except you and except as stated otherwise in Schedule 1.
You acknowledge that We may transfer Our rights under the Terms (and any related claims) to any third party without having to obtain your prior consent.
20. No waiver of legal rights
If you breach the Terms and We take no action against you, We will still be entitled to use Our rights and remedies in any other situation where you breach the Terms.
21. Entire Agreement
21.1 The Terms constitute all terms agreed upon between you and us and supersede any prior agreements in relation to the Growd Service. You represent that you have not accepted the 21.2 Terms in reliance on any oral or written representations made by us that are not contained in the Terms.
21.2 You acknowledge that your right to access and use the Growd Service is also subject to:
applicable law; and
any rules or policies applied by the relevant Appstore from which you access the App (as specified in Schedule 1),
If any part of the Terms is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
23. Dispute Resolution
Any and all disputes, claims or controversies arising out of, relating to or in connection with this Agreement shall be resolved by arbitration and presided over by one arbitrator who is a member of the Chartered Institute of Arbitrators. The governing law of the arbitration shall be English law. The venue of the arbitration shall be agreed by both parties. The parties also consent to the use of the IBA Rules.
24. Contact Details
If you have any queries, complaints or comments about Us or the Growd Service (including if any Content of the Growd Service is offensive, defamatory or infringes any third party rights), then please contact Us by email at firstname.lastname@example.org.
When accessing the App through the iTunes Appstore or Mac Store
Acknowledgement: You acknowledge that the Terms are concluded between you and Us, and not with Apple, Inc. You acknowledge that your use of the App is subject to the iTunes usage rules as set out at http://www.apple.com/legal/internet-services/itunes/us/terms.html (the “iTunes Usage Rules”) (which you acknowledge you have had the opportunity to review) and in the event of a conflict between these Terms and the iTunes Usage Rules, the iTunes Usage Rules shall take precedence.
Scope of License: Your license to use the Growd Service is limited to use of the Growd Service on an Apple device that you own or control and as permitted in accordance with iTunes Usage Rules.
Maintenance and Support: Apple, Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
Warranty: To the maximum extent permitted by applicable law, Apple, Inc. will have no warranty obligation whatsoever with respect to the App.
Product Claims: We acknowledge that We, not Apple, Inc. are responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Our liability to you is not limited beyond what is permitted by applicable law.
Intellectual Property Rights: In the event of any third party claim that the App or your possession and use of that App infringes any third party’s intellectual property rights, We, and not Apple, Inc. will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Third Party Beneficiary: Apple, Inc. and its subsidiaries, are third party beneficiaries of the Terms, and that, upon your acceptance of the Terms, Apple, Inc. will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof.
2. When accessing the App through the Google Play Marketplace
You acknowledge that your use of the App is subject to the Google Play terms of service, as set out at https://play.google.com/intl/en/about/play-terms.html (the “Google Play Marketplace Terms”) and in the event of a conflict between these Terms and the Google Play Marketplace Terms, the Terms shall prevail.
3. When accessing the App through any other Appstore
You acknowledge that your use of the App may be subject to the terms of service of the relevant Appstore through which you access the App.