1. TERMS AND ACCEPTANCE

By accessing and using this website (the “Site”), you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions of Use between Growth Boss and you, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

 

This Site is controlled and operated by Growth Boss from its offices within Australia. Growth Boss makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where its contents are illegal, is prohibited. Those who choose to access this site from locations outside Australia are responsible for compliance with all applicable laws.

 

  1. IP OWNERSHIP; USE LICENSE

The material provided on this Site is protected by law, including without limitation, Australian law. The copyright in all material provided on this Site is held by Growth Boss. Except as expressly permitted by Growth Boss, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of Growth Boss or the copyright owner.

 

Permission is granted to you to download and use 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.

 

You may not:

 

– modify or copy the materials;

– use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

– attempt to decompile or reverse engineer any software contained on Growth Boss’s website;

– remove any copyright or other proprietary notations from the materials;

– transfer the materials to another person or “mirror” the materials on any other server.

 

This permission shall automatically terminate if you violate any of these restrictions and may be terminated by Growth Boss at any time. Upon termination of your permission, you must destroy any downloaded materials in your possession whether in electronic or printed format. Growth Boss reserves the right to terminate your account at any time for any reason.

 

The materials on this Site are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in the applicable laws and regulations. Use of the Site by the Government constitutes acknowledgment of Growth Boss’s proprietary rights in them.

 

  1. DISCLAIMER

THE MATERIALS ON Growth Boss’S WEBSITE ARE PROVIDED “AS IS”. Growth Boss MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, Growth Boss DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS INTERNET WEBSITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THIS SITE.

 

  1. LIMITATIONS

IN NO EVENT SHALL Growth Boss OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION,) ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS ON Growth Boss’S INTERNET SITE, EVEN IF Growth Boss OR A Growth Boss AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF Growth Boss UNDER THIS AGREEMENT EXCEED FIFTY DOLLARS ($50), REGARDLESS OF THE CAUSE OF ACTION, IN TORT, CONTRACT, OR OTHERWISE.

 

  1. REVISIONS AND ERRATA

The materials appearing on Growth Boss’s web site could include technical, typographical, or photographic errors. Growth Boss does not warrant that any of the materials on its web site are accurate, complete, or current. Growth Boss may make changes to the materials contained on its web site at any time without notice. Growth Boss does not, however, make any commitment to update the materials.

 

  1. LINKS

Growth Boss has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Growth Boss of the site. Use of any such linked website is at the user’s own risk.

 

  1. SITE TERMS OF USE MODIFICATIONS

Growth Boss may revise these terms of use for the Site at any time without notice. By using the Site you are agreeing to be bound by the current version of these Terms and Conditions of Use.

 

  1. GOVERNING LAW

Any claim relating to Growth Boss’s web site shall be governed by the laws of the State of Queensland without regard to its conflict of law provisions.

 

  1. FEEDBACK

Any material, information, or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Growth Boss or its affiliates for any purpose whatsoever, including developing, manufacturing, and marketing products. Notwithstanding the foregoing, all personally identifiable information provided to Growth Boss will be handled in accordance with Growth Boss’s privacy policy. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

 

  1. OWNERSHIP, TRADEMARKS & PROVIDED ASSETS

You own all deliverables we create during any month paid in full. You will provide all content/copy to be used in campaigns. You agree that any materials provided to are proofed and approved to be used in your campaigns and are not owned or trademarked by a different entity.

 

You are responsible that any materials provided can be legally used in our campaigns. We are not liable for the materials you provide as it pertains to license or trademark issues and you represent to Growth Boss that all materials provided do not infringe on the intellectual property rights of third parties.

 

You agree to indemnify, defend, and hold harmless Growth Boss and its affiliates, officers, members, managers, agents, successors and assigns (the “Indemnified Parties”) from and against all claims, demands, liabilities, damages, and costs including, without limitation, its reasonable attorneys’ fees, arising out of or relating to (i) your breach of any of the terms of this Agreement, (ii) your use of the services provided pursuant to the Site, and (iii) infringement of third party’s intellectual property rights or other proprietary rights.

 

  1. FEES, REFUNDS, AND NO-RISK GUARANTEE

 

General

Use of Growth Boss products and services constitutes your acceptance of and agreement to comply with Growth Boss’s billing policy.

 

All accounts are set up on a prepaid basis. Payment must be received by Growth Boss before any billable product or service is provided/activated. In the event of a trial period, payment information must be on file before your account is created. You are required to keep a valid credit/debit card on file to charge for recurring monthly subscription and overage fees. All recurring subscriptions are automatically invoiced and charged to the credit/debit card on file.

 

Subscription billing is based on the availability of products and services within the parameters defined by their packages. 

 

Payment receipts are provided electronically with each purchase and may also be provided upon customer request.

 

Billing Cycle

Credit/Debit Card Billing: All credit/debit cards are automatically charged on the customer’s specific billing cycle date.

Payment failure: In the event a credit/debit card fails to charge successfully, access to the product will immediately cease.

Deactivation: Growth Boss reserves the right to remove customer application data from its servers after non-payment.

 

Fees

Collections Fee: In the event an account is submitted to a third-party collections service, a $35.00 processing fee may be assessed to the existing account balance. This fee is in addition to any other fees previously assessed on the account.

Chargebacks: If a customer initiates a chargeback, Growth Boss may assess a $50.00 processing fee for each individual chargeback.

 

Payment Methods

Growth Boss accepts payments from most major credit cards and PayPal.

 

Subscription Billing

Invoices are generated and payments are collected at the beginning of each billing period. Customer billing periods typically begin on the day of the month in which the customer purchased the Growth Boss subscription. Customers must request to cancel their subscriptions at least 10 days prior to their next billing date in order to avoid being charged on the billing date. Growth Boss will not prorate any portion of unused subscription services. All subscription fees are non-refundable except as described below.

 

Package Upgrade/Downgrade

Growth Boss subscriptions are purchased on a monthly basis. If you wish to upgrade or downgrade your package, the new usage allotments will go into effect the following month. 

Upgrades may be triggered in-app, and they will go into effect the following month. Downgrades require communication with Growth Boss’s support portal to ensure assets are reduced below package requirements. They will also go into effect the following month.

 

Refund Policies

For Grpwth Boss monthly purchases, refunds are only given on the first month of a subscription, and only if the refund request is made within 30 days of the purchase, subject to the discretion of Growth Boss.

 

Cancellation Process

Creating a Cancellation request: A request to cancel a Growth Boss account must be initiated at least 10 days prior to the next invoice date. Any request to cancel an Growth Boss application must be made via our customer support portal with an Growth Boss representative at least 10 days prior to the next invoice date.

 

Customers are encouraged to keep records of all communications regarding cancellation. Simply cancelling the credit/debit card associated with an Growth Boss account does not cancel the account. Growth Boss will continue to treat this as an open account and the billing cycle will continue, resulting in a past due account that may be turned over to a third-party collection service. It is imperative that you chat with an Growth Boss representative or submit an online ticket if you wish to initiate cancellation of your Growth Boss account.

 

Cancellation of an account does not dismiss outstanding invoices or nullify previously agreed charges. At the time of cancellation, any outstanding balance must be settled. All cancelled accounts with an outstanding balance may be turned over to a third-party collection service.

 

Billing Disputes

Each Growth Boss customer agrees to provide Growth Boss 30 days to attempt settlement of any billing dispute before disputing with any third-party credit/debit card company or bank. Should Growth Boss receive a chargeback from a third-party credit/debit card company or bank on the customer’s behalf before Growth Boss has been given a chance to resolve the issue, Growth Boss has the right to charge the customer for its time spent in resolving such disputes and any associated fees incurred by Growth Boss, in addition to the $50 chargeback fee mentioned above. Regardless of the outcome of the chargeback, Growth Boss retains the right to collect on any Services or fees that are due. Growth Boss may submit any disputed amounts to a collection agency. Once a chargeback has been received, Growth Boss has the right to suspend the account until the matter is resolved.

 

  1. WORK DELIVERY OUTPUT

While we can accept unlimited requests, our output volume depends on many factors, namely depending on the total request volume and complexity. We will do our best to work with you to accommodate any priority items and your timelines, but our suggestion is to not use our service for time sensitive or urgent requests.

 

  1. IMPLEMENTATION ROUNDS DEFINED

An implementation round is a measurement of implementation output and what we are able to accomplish in a round depends on the complexity and total volume of your requests. An implementation round begins when the request is assigned to a support member.

 

Requests will not be assigned if they unclear, vague or missing required assets and information. Normally any request or revision received before 5pm AEST will be assigned that business day. These timelines may change due to the nature of our business as ultimately determined by Growth Boss staff. We will make every attempt to deliver a request according to your timelines, however there is no guarantee.

 

  1. DON’T ABUSE GROWTH BOSS

Growth Boss is designed for the reasonable use of an average SaaS business. We are not meant to replace a full-time employee – so please use your common sense.

 

If we find that you are not in alignment with our model, core values or are abusing our services or team in any way, we reserve the right to cancel your account.

 

Your right to use the Growth Boss services shall terminate upon your breach of any term of this Agreement.

 

  1. NO GUARANTEES OF WORK

While we do our best to minimise any mistakes, due to the nature of the technologies used and complexities, we can not guarantee all deliverables will be 100% error free.

 

When we complete a job you agree to review and proof all copy used, as well as, to run through any campaigns or processes implemented for any errors or omissions and notify our team if any changes/corrections are needed.

 

We will do our best to rush any revisions to correct the mistakes. Growth Boss is not responsible or liable for any losses or expenses incurred from errors or omissions.

 

  1. SAMPLE WORK

By default, you agree to provide Growth Boss with a non-exclusive right and license to publish your work in our portfolio, social media or other communication efforts. We will do our best to seek written permission before we post anything publicly. If you would like to revoke this right, please notify our team in writing to info@growthboss.io.

 

  1. CONFIDENTIALITY

We uphold confidentiality in all communication regarding your brand and business. We will only communicate to those who have been authorised on your account and will not share any information provided with anyone outside our organisation, subject to our Privacy Policy.

 

  1. COPYRIGHT

The material contained in this site is the copyright of Growth Boss and is protected by Australian and international copyright laws.

 

The site and the data in it are supplied solely for informational use. Apart from permitted uses under the Copyright Act 1968 (Cth), and, except for the temporary copy held in your computer’s cache and downloading for private use, no part of the material or data contained in this site may be reproduced, altered, transmitted or re-used for any purpose whatsoever without the written permission of Growth Boss

 

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