TERMS AND CONDITIONS
Last updated October 20, 2023
AGREEMENT TO OUR LEGAL TERMS
We are Growzilla (“Company”, “we”, “us”, or “our”), a company registered in South Africa at 191 Jan Smuts Ave, Randburg, Gauteng 2193. We operate the website https://www.getgrowzilla.com (the “Site”), the mobile application Growzilla (the “App”), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”).
Growzilla provides a SaaS platform with key marketing functions for small businesses to effectively automate and empower their marketing activities.
You can contact us by phone at (+27) 0600 634 883, email at hello@getgrowzilla.com, or by mail to 191 Jan Smuts Ave, Randburg, Gauteng 2193, South Africa.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Growzilla, 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 hello@getgrowzilla.com, 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.
We recommend that you print a copy of these Legal Terms for your records.
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TABLE OF CONTENTS
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
6. FREE TRIAL
7. CANCELLATION
9. USER GENERATED CONTRIBUTIONS
12. MOBILE APPLICATION LICENCE
13. THIRD-PARTY WEBSITES AND CONTENT
15. PRIVACY POLICY
18. MODIFICATIONS AND INTERRUPTIONS
19. GOVERNING LAW
21. CORRECTIONS
22. DISCLAIMER
24. INDEMNIFICATION
25. USER DATA
26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
27. MISCELLANEOUS
28. CONTACT US
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1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
2. 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: hello@getgrowzilla.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;
• Prepare derivative works of, or incorporate into other works, your Contributions; and
• Sublicense 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 Contribution 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.
Copyright Infringement
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.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that:
1. All registration information you submit will be true, accurate, current, and complete;
2. You will maintain the accuracy of such information and promptly update such registration information as necessary;
3. You have the legal capacity and you agree to comply with these Legal Terms;
4. You are not a minor in the jurisdiction in which you reside;
5. You will not access the Services through automated or non-human means, whether through a bot, script, or otherwise;
6. You will not use the Services for any illegal or unauthorised purpose; and
7. 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).
4. USER REGISTRATION
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.
5. PURCHASES AND PAYMENT
We accept the following forms of payment:
• Visa
• Mastercard
• American Express
• Discover
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.
Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorise us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address.
We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
6. FREE TRIAL
We offer a 14-day free trial to new users who register with the Services. The account will not be charged, and the subscription will be suspended until upgraded to a paid version at the end of the free trial.
7. CANCELLATION
You can cancel your subscription at any time by contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term.
If you are unsatisfied with our Services, please email us at hello@getgrowzilla.com or call us at (+27) 0600 634 883.
8. PROHIBITED ACTIVITIES
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—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 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.
• Interfere with, disrupt, or create an undue burden on the Services or the networks connected to the Services.
• Harass, annoy, intimidate, or threaten any of our employees or agents 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.
• Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or making up a part of the Services.
• 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 for 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.
• Sell or otherwise transfer your profile.
9. USER GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.
When you create or make available any Contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights of any third party.
2. You are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authorise us and other users to use your Contributions.
3. You have the written consent, release, and/or permission of each identifiable individual person in your Contributions.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorised advertising or spam.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable.
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten any other person and do not promote violence.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not violate any applicable law concerning child pornography or otherwise intended to protect minors.
12. Your Contributions do not include any offensive comments related to race, national origin, gender, sexual preference, or physical handicap.
13. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms.
Any use of the Services in violation of the foregoing may result in termination or suspension of your rights to use the Services.
10. CONTRIBUTION LICENCE
By posting your Contributions to any part of the Services, you automatically grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid, worldwide right, and licence to:
• Host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt, and distribute such Contributions;
• Prepare derivative works of or incorporate into other works such Contributions; and
• Grant and authorise sublicences of the foregoing.
The 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 any trademarks or logos you provide.
You waive all moral rights in your Contributions and warrant that moral rights have not otherwise been asserted.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights associated with them.
We are not liable for any statements or representations in your Contributions. You are solely responsible for your Contributions and agree to exonerate us from any responsibility regarding your Contributions.
We have the right, in our sole discretion, to:
1. Edit, redact, or otherwise change any Contributions;
2. Re-categorise any Contributions to place them in more appropriate locations; and
3. Pre-screen or delete any Contributions at any time and for any reason.
We have no obligation to monitor your Contributions.
11. GUIDELINES FOR REVIEWS
We may provide areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria:
1. You should have firsthand experience with the person/entity being reviewed.
2. Your reviews should not contain offensive profanity or abusive, racist, offensive, or hateful language.
3. Your reviews should not contain discriminatory references.
4. Your reviews should not contain references to illegal activity.
5. You should not be affiliated with competitors if posting negative reviews.
6. You should not make conclusions as to the legality of conduct.
7. You may not post any false or misleading statements.
8. You may not organise a campaign encouraging others to post reviews.
We may accept, reject, or remove reviews at our sole discretion. Reviews are not endorsed by us and do not represent our opinions.
By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and licence to reproduce, modify, translate, transmit, display, perform, and distribute all content relating to reviews.
12. MOBILE APPLICATION LICENCE
Use Licence
If you access the Services via the App, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on devices owned or controlled by you.
You shall not:
1. Decompile, reverse engineer, or decrypt the App;
2. Make any modification or derivative work from the App;
3. Violate any laws in connection with your use of the App;
4. Remove or alter any proprietary notices;
5. Use the App for any commercial purposes not intended;
6. Make the App available over a network where it could be used by multiple devices at the same time;
7. Use the App to create a competitive product or service;
8. Use the App to send automated queries or unsolicited commercial emails; or
9. Use any proprietary information or interfaces in the design of any applications or devices for use with the App.
Apple and Android Devices
The following terms apply when you use the App obtained from an “App Distributor” (e.g., Apple Store or Google Play):
1. The licence granted to you is limited to use on a device that uses the Apple iOS or Android operating systems.
2. We are responsible for providing any maintenance and support services.
3. In the event of any failure of the App to conform to any applicable warranty, you may notify the App Distributor, and they may refund the purchase price.
4. You represent that you are not located in a country subject to a U.S. government embargo.
5. You must comply with applicable third-party terms of agreement when using the App.
6. You acknowledge that the App Distributors are third-party beneficiaries of these Legal Terms.
13. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain links to third-party websites (“Third-Party Websites”) and content (“Third-Party Content”). Such Third-Party Websites and Content are not monitored or checked for accuracy by us.
We are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on or available through the Services. Inclusion of any Third-Party Websites or Content does not imply approval or endorsement by us.
If you decide to leave the Services and access Third-Party Websites, you do so at your own risk. You should review the applicable terms and policies of any website you navigate to from the Services.
We are not responsible for any purchases you make through Third-Party Websites and shall not be held liable for any harm caused by your purchase of such products or services.
14. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to:
1. Monitor the Services for violations of these Legal Terms;
2. Take appropriate legal action against anyone who violates the law or these Legal Terms;
3. Refuse, restrict access to, or disable any of your Contributions;
4. Remove or disable all files and content that are excessive in size or burdensome to our systems; and
5. Manage the Services in a manner designed to protect our rights and property.
15. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy.
Please be advised the Services are hosted in the United States, United Kingdom, and South Africa. If you access the Services from other regions with different laws governing personal data collection, you consent to have your data transferred to and processed in these countries.
16. COPYRIGHT INFRINGEMENTS
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 notify us using the contact information provided below (a “Notification”).
17. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO DENY ACCESS TO AND USE OF THE SERVICES TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION.
We may terminate your use or participation in the Services or delete your account at any time, without warning.
If we terminate or suspend your account, you are prohibited from registering and creating a new account under your name or the name of any third party.
In addition to terminating or suspending your account, we reserve the right to take appropriate legal action.
18. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time without notice. We will not be liable for any modification, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience interruptions or need to perform maintenance related to the Services.
19. GOVERNING LAW
These Legal Terms shall be governed by and defined following the laws of South Africa. Growzilla and you irrevocably consent that the courts of South Africa shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.
20. DISPUTE RESOLUTION
You agree to irrevocably submit all disputes related to these Legal Terms to the jurisdiction of the South African courts. Growzilla shall also maintain the right to bring proceedings in the courts of the country where you reside.
21. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors and to change or update the information on the Services at any time, without prior notice.
22. DISCLAIMER
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.
We make no warranties or representations about the accuracy or completeness of the Services’ content or any websites linked to the Services.
23. 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.
Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever will at all times be limited to the amount paid by you to us during the three (3) month period prior to any cause of action arising.
24. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless from and against any loss, damage, liability, claim, or demand made by any third party due to or arising out of:
1. Your Contributions;
2. Use of the Services;
3. Breach of these Legal Terms;
4. Any breach of your representations and warranties;
5. Your violation of the rights of a third party; or
6. Any harmful act toward any other user of the Services.
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.
25. USER DATA
We will maintain certain data that you transmit to the Services for managing the performance of the Services. You are solely responsible for all data that you transmit.
You agree that we shall have no liability for any loss or corruption of any such data.
26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS.
You hereby waive any rights or requirements for original signatures or non-electronic records.
27. MISCELLANEOUS
These Legal Terms constitute the entire agreement between you and us. Our failure to exercise any right shall not operate as a waiver.
If any provision of these Legal Terms is unlawful, void, or unenforceable, that provision is severable and does not affect the validity of remaining provisions.
There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms.
You agree that these Legal Terms will not be construed against us by virtue of having drafted them.
28. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Growzilla
191 Jan Smuts Ave
Randburg, Gauteng 2193
South Africa
Phone: (+27) 0600 634 883
Email: hello@getgrowzilla.com
