Terms of use

Welcome to Growon. Please continue reading to learn about the rules and restrictions that govern your use of Growon’s website(s) and all other products, services and applications made available by Growon from time to time (such as, Growon’s Android mobile applications and the Growon services available on SMS) (collectively, the “Services”). This Agreement includes the terms in this document, as well as Growon’s Privacy Policy

Returns

Considering the software product that are on offer on the website, growon.app does not offer return of the products once the order is accepted via e mail to your valid e mail Id, growon.app offers you a return of payment(the set up cost received by growon is one time payment & is non refundable) on growon.app which means that you can ask for return of the payment(excluding setup cost) subject to following terms and conditions:

     1. You can ask for return of the payment within 10 days of app delivery to you in case of any defect found in the app and the web app and mobile app login and the authority will be taken.

     2. Return is offered for the web app and mobile app by growon ONLY. Apart from condition reserved herein above, the following products shall not be eligible for return or replacement if:

        • Returned without all original login and some of the other details, including the web app and mobile app login credential and all other data shared by growon originally included with the product app.

Will these terms ever change?

We are constantly trying to improve our Services, so this Agreement may need to change along with the Services. We reserve the right to modify this Agreement at any time, but we will do our best to bring this to your attention by posting a notice on the Services, sending you a notice via email, and/or by some other means. If you don’t agree with the new terms, you may reject them but unfortunately you will no longer be able to use the Services. Your use of the Services in any way following such notification constitutes your acceptance of the terms and conditions as modified. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services, at any time. We’ll do our best to provide you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical.

You represent and warrant to Growon that: (i) you are at least 18 years old (or, if you are not at least 18 years old, you have your parent’s permission to use the Services, and your parent has read and agrees to this Agreement on your behalf); (ii) all registration information you submit is accurate and truthful; (iii) you will maintain the accuracy of such information; (iv) if you’re agreeing to this Agreement on behalf of an organization or entity, you represent and warrant that you are authorized to agree to this Agreement on that organization or entity’s behalf and bind them to this Agreement (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity). You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

Privacy

We take the privacy of our users very seriously. Please read our Privacy Policy, located at Privacy URL.

Fees and payment : Responsibility for usage charges

Access to and use of the Services itself is free for parents / students for now, but in the future, we may offer new or additional special features which Growon may charge for. Therefore, Growon reserves the right to require payment of fees for certain Services. If you want access to those Services, you will pay all applicable fees for those Services, as will be described on the Services. If you continue to use those Services following such notification, that use constitutes your acceptance of any new or increased charges.

Note that, by using the Services, you may receive e-mail or text messages on your phone or mobile device, which may cause you to incur usage charges or other fees or costs in accordance with your wireless or data service plan. Any and all such charges, fees, or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees, or costs may apply to your use of the Services.

Additional Terms

This Agreement applies to all users of our Services, but there are special terms for you depending on what type of user you are. If you are, for example, a teacher, coach or parent who organizes a “class” or “group” of members, then you are an Organizer. If you are, for example, a student, teammate or parent who is invited to be a member of a class or group by an Organizer, you are a Subscriber. In certain cases, Subscribers may be allowed to invite new members to a “group” to become Subscribers. If you are agreeing to this Agreement on behalf of an organization, such as a school, coaching center, or club, you are an Organization. You may not sign up for or use the Growon Services as someone you are not; Growon may disable or terminate your account if you do so. Please read on below to find out what additional terms apply to you.

If you are a Subscriber (such as a student, parent, or other individual invited to join a group by an Organizer):

    You must get your parent or guardian to read and agree to this Agreement before using the Services if you are under 18.

    You will only join classes and/or groups that you have been invited to, or based on your school, class or group affiliation, to which you are a part of.

If you are an Organization (such as a school or coaching class):

    You will only permit staff members (for example, your teachers) who are current employees of your organization to use the Services and to create their own class or group codes. Upon termination of a staff member’s employment with the Organization, you will require such individual to return and cease using all class or group codes he or she has in his or her possession. If at any time you learn a user of the Services claims to be affiliated with your organization who is not, in fact, affiliated with your Organization, you will notify Growon immediately by emailing [email protected].

    The Services may allow you to invite users to join your group(s) and/or to add users to your group(s). IF YOU INVITE OTHER USERS TO JOIN YOUR GROUP, YOU REPRESENT AND WARRANT TO US THAT YOU HAVE OBTAINED CONSENT FROM EACH PERSON THAT YOU INVITE AND/OR ADD TO RECEIVE SUCH INVITATION AND TO RECEIVE MESSAGES FROM GROWON, FROM YOU, AND FROM ANYONE ELSE IN THE GROUP.

    Organizers can invite members by distributing “class codes” or “group codes” and communicate with Subscribers, (in some cases, there may be more than one Organizer per group).

    You may only share class or group codes with Subscribers whom you wish to subscribe to your group. If you plan to broadly or publicly publish these codes, you must manage the accuracy of your subscriber lists carefully.

    Organizers must maintain and monitor Subscriber lists in order to help ensure accurate representation of the Subscribers in your group.

Registration and Security

As a condition to using Services, you may be required to register with Growon by selecting a password and providing your name and a valid email address. You will provide Growon with accurate, complete, and updated registration information. You may not (i) select or use the name or email of another person with the intent to impersonate that person; or (ii) use a name subject to any rights of any person other than you without appropriate authorization. Growon reserves the right to refuse registration of or cancel a Growon account in its sole discretion. You will be responsible for maintaining the confidentiality of your account and password. You may not transfer your account to anyone without express prior written consent of Growon. Violation of any of the foregoing may result in immediate termination of your account, revocation of your ability to use the Services, and may subject you to state and federal penalties and other legal consequences. Growon reserves the right, but will have no obligation, to investigate your use of the Services in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.

Consent to receive periodic messages from Growon

As part of the Services, Growon may send communications (such as SMS, emails, and push notifications) to Subscribers of a class / group. For example, upon adding a new Subscriber to a class group, such new Subscriber will receive a welcome SMS message with username and password. Growon may send other administrative messages as well. BY SIGNING UP FOR THE SERVICES, YOU AGREE TO RECEIVE COMMUNICATIONS FROM GROWON, AND YOU REPRESENT AND WARRANT THAT EACH USER YOU INVITE AND/OR ADD TO A GROUP HAS CONSENTED TO RECEIVE COMMUNICATIONS FROM GROWON AS WELL AS FROM YOU AND ANYONE ELSE IN THE GROUP. You agree to indemnify and hold Growon harmless for and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.

Content

You agree that you may only use the Services in accordance with Growon’s Guidelines. All materials displayed or performed or available on the Services (including, but not limited to text, graphics, data, articles, photographs, images, illustrations, User Submissions (defined below), and so forth (all of the foregoing, the “Content”)) are protected by copyright and other intellectual property laws. You may only use the Services for your own personal, non-commercial use and only in accordance with the terms of this

Agreement and all laws that apply to you. Growon is not responsible for your use of the Services in any way that breaks the law. You agree you will abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates anyone else’s (including Growon’s) rights.

You may download or copy certain Content for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content other than personal, noncommercial use is expressly prohibited without prior written permission from Growon or from the copyright holder identified in such Content’s copyright notice.

You will not link to the Services without Growon’s prior written consent, except in accordance with the terms of this Agreement. In the course of using the Services, you and other users may provide information which may be used by Growon in connection with the Services and which may be visible to certain other users. All materials, information and content that you post or otherwise provide to Growon (and in connection with the Services) are your “User Submissions.” You retain ownership of the rights you may have in your User Submissions, provided that Growon hereby is and will be granted a non-exclusive, worldwide, royalty free, perpetual, irrevocable, and transferable (only to an successor) right to fully exploit such User Submissions (including all related intellectual property rights) and to allow other users to do so (however, Growon will only share your personally identifiable information in accordance with Growon’s current Privacy Policy.

Furthermore, Growon (and any other user who accesses User Submissions) retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. You grant other users of the Services a non-exclusive license to access your User Submissions through the Services, and to exercise rights in and to such User Submissions and to view such User Submissions as permitted through the functionality of the Services and under this Agreement (for example, the recipients of a message sent by you will be able to save, copy, edit and store that message). All information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that Growon will not be liable for any errors or omissions in any content. Growon cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, Growon cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

Under no circumstances will Growon be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.

Your restrictions and responsibilities

You warrant, represent and agree that you will not contribute any Content or otherwise use (or encourage any third party to use) the Services in a manner that infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party;

violates any law, statute, ordinance or regulation; is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable as reasonably determined by Growon; jeopardizes the security of your account in any way, such as allowing someone else access to your account or password; attempts, in any manner, to obtain the password, account, or other security information from any other user; violates the security of any computer network, or cracks any passwords or security encryption codes; runs Mail list, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure); “crawls, ” “scrapes, ” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means); copies or stores any significant portion of the Content; decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services (or the products of Growon’s third party service providers).

Growon reserves the right to terminate access of any third party application or service to our published or unpublished APIs.

Growon reserves the right (but does not have the obligation) to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Growon is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not Growon, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to Growon and to grant Growon the rights to use such information in connection with the Services and as otherwise provided herein

You will be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access, or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You will be responsible for ensuring that such equipment or ancillary services are compatible with the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.

Third Party Website

The Services may contain links to third party websites that are not owned or controlled by Growon. When you access third party websites, you do so at your own risk. Growon encourages you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website that you visit or utilize.

Growon has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites. In addition, Growon will not and cannot monitor, verify, censor or edit the content of any third party site. By using the Services, you expressly relieve and hold harmless Growon from any and all liability arising from your use of any third party website or service. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Growon will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between users on this site, or between users and any third party, you understand and agree that Growon is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Growon, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our service.

Warranty and Disclaimer

Growon has no special relationship with or fiduciary duty to you. You acknowledge that Growon has no control over, and no duty to take any action regarding: which users gains access to the Services; what Content you accesses via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Growon from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites or services containing, information that some people may find offensive or inappropriate. Growon makes no representations concerning any content contained in or accessed through the Services, and Growon will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Growon makes no representations or warranties regarding suggestions or recommendations of services or products (including Content provided by publishers) offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) the Services are provided “AS IS” without any warranty of any kind from Growon or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by a designated third party for a specific product. THE SERVICES, CONTENT, AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity

You will indemnify and hold Growon, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.

WHAT THIS IS SAYING

Please keep in mind that you are solely responsible for your use of Growon. If you don’t follow these Terms of Service and/or cause harm to anyone, it’s your responsibility to resolve.

Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL GROWON OR ITS SUPPLIERS OR ITS SERVICE PROVIDERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $10 OR THE FEES PAID BY YOU TO GROWON HEREUNDER DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND GROWON’S REASONABLE CONTROL.

Termination

This Agreement will remain in full force and effect while you use the Services. You may terminate your use of the Services or your account at any time by contacting us at [email protected] Growon may disable or terminate your access to the Services or your account at any time, for any reason (without cause or for your violation of any term of this Agreement), and without warning or notice, which may result in the forfeiture of all information associated with your membership. Upon termination of your account, your right to use the Services, and any Content will immediately cease; however, Growon may retain messaging data or other data and information pursuant to this Agreement and as necessary for auditing purposes and as required by law. All provisions of this Agreement which, by their nature, should survive termination, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

Miscellaneous

The failure of either party to exercise, in any respect, any right provided for herein will not be deemed a waiver of any further rights hereunder. Growon will not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Growon’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Growon’s prior written consent. Growon may transfer, assign or delegate this Agreement and its rights and obligations without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. This Agreement and any subsequent versions of this Agreement posted to the Services will be deemed a writing signed by both parties. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Growon in any way whatsoever.

Disclaimer: “Any decision on return or abounding of app on the product/s sold by growon is at the sole discretion of growon and decision of growon shall be final and binding.

Growon reserves the right to withdraw from return guarantee at any time without giving any intimation

of whatsoever nature.”Disclaimer Due to continuous improvements in product quality, the actual apps/product may occasionally differ from that illustrated or specified. Not responsible for any omissions, typographical errors of descriptions and/or prices.

Cancellation of order

Growon in reserves the right to cancel any order without any explanation for doing so, under situation where growon is not able to meet the requirement of the order placed or order so placed/cancelled does not comply with the growon policy or for any other reason. However, growon will ensure that any communication of cancellation of an order, so cancelled, is intimated within appropriate time to the concerned person and any applicable refund will be made in a reasonable time. Cancellations by the Customer In case we receive a cancellation request and the order has not been shipped by us, we shall cancel the order and refund the entire amount. The orders that have already been shipped out by us will not be cancelled and you will have to check our return policy on those orders. In case of customized products, no cancellations are allowed once the

Ordered item has been taken up for production. The customer agrees not to dispute the decision made by growon and accept growon decision regarding the cancellation. Limitation of Liability In no event shall growon be liable for any lost profits or special, incidental, indirect, exemplary or consequential damages of any kind including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses in connection with this agreement, even if growon has been informed in advance of the possibility of such damages.