GrowMOFO | Grow Your Business, Your Way

Terms & Conditions

Introduction
1. Welcome to the GrowMOFO website (“Website”).
2. https://www.growmofo.com (“Website”) is the online platform service of Grow MF Pty Ltd ACN 641 601 514 trading as GrowMOFO (“GrowMOFO/We/Us/Our”) for the facilitation of independent, tiered virtual agency services for small to mediation to sized businesses.
3. Our services include but are not limited to:
  - Introductory information requests;
  - Virtual demonstration consultants (“Demos”);
  - Carrying out our contractual obligations under any Plans including but not limited to content management and advertising management;
  - Ongoing correspondences and communications with you; and
  - Any additional services agreed between the parties including any variations updates, alterations changes or other works described in any agreement with us.
  All together: (“Services”).
4. By using the Website or when clicking “accept” as applicable, you warrant that you have read, understood and agree to all of these Terms and Conditions in full. If you disagree with these Terms and Conditions or any part of these Terms and Conditions, you must not use the Website.
5. We reserve our unfettered right to amend, add, change, alter or delete these Terms and Conditions at any time without prior notice to you. Any such changes made to these Terms and Conditions will come into force once upon publication to the Website. Users who have registered accounts with GrowMOFO will receive an update regarding any changes to the Terms and Conditions via email.
6. Continued use of the Website and your account after any amendments constitutes acceptance of the new Terms and Conditions by you.
7. Such amendments, additions, changes, alterations or deletions, will become the Terms and Conditions.
Accounts Registration
1. You may register an account on the Website by clicking the “Get Started” button, following the prompts and clicking “Sign Up” (‘Account’).
2. When creating your Account, you (“User”) will be required to choose a password. You must keep your password confidential.
3. You are solely responsible for any activity that occurs on your Account, including but not limited to the purchase and upgrade of any of our Services, including but not limited to the selection of any plans, requests for information or demonstration consults which are referred to as “Demo”. We are not responsible for any unauthorised activity on your Account, including if you fail to keep your Account password secure.
Purchase of Services
1. Services / Plans
  - A purchase for any Services including any Plan as advertised on the Website is made by you when you enter your credit card details and click “Subscribe” during the registration process, not when the first payment is processed.
  - To access any of the Services, including but not limited to the request to participate in a Demo or purchase of a Plan you must be at least 18 years old and have the capacity to enter into a legally binding agreement with us. If you are under the age of 18, you may only request a Demo or purchase a Plan with the supervision of a parent or legal guardian. We are not responsible for any unsupervised activity conducted by persons under the age of 18 including purchases of any Plans of Services or requests for information including a Demo.
  - Any Plan or other product purchased by you on the Website is an offer by you to purchase a particular item for the price advertised on the Website and displayed during the checkout process (including any GST).
  - A legally binding contract will be made between you and us upon the purchase of any Plan.
2. Prices
  - As we are based in Australia, any charge for Services including Plans will be in Australian dollars. The actual price charged to overseas customers will be subject to the exchange rate applied by the payment provider you have used.
3. Payment
  - You must pay for any Services including Plans in accordance with the terms, time frames and payment methods we accept on the Website or as otherwise provided by way of agreement with us in writing. You must be fully entitled to use the payment method used for your purchase.
  - The payment method must have sufficient funds, credit or other payment facilities to cover the purchase.
  - If there are insufficient funds available in your nominated bank account to meet a payment:
    - You may be charged a fee and/or interest by your bank;
    - You may be charged a fee to reimburse us for charges the GrowMOFO has incurred for the failed transaction; and
    - You must arrange for the payment to be made by another method or arrange for sufficient funds to be in the your account within the next 7 days or another time agreed in writing by us and you so that we can process the payment.
Credit and Cancellation
1. Cancellations
  - We reserve the right to cancel any Services including your Plan for any reason, including but not limited to:
    - If we suspect you are under the age of 18 and do not have appropriate parental consent to use or purchase any of the Services;
    - If we suspect that you have or might on-sell or in any way provide our Services to other consumers;
    - if we suspect your engagement with us including the purchase of our Services is fraudulent, or suspect credit card or payment-related fraud;
    - if we suspect you have infringed any of our intellectual property rights; or
    - if there is an error in your account.
  - We will immediately notify you by email of any cancellation.
  - Any cancellation made by us under 4.1 may result in the forfeiture of payment made by you at the time of cancellation. For the avoidance of doubt, any payment of credit arising from the circumstances contemplated in 4.1 or otherwise will be made at our absolute discretion.
  - Any cancellations made by you after 72 hours from the time of purchase may at our discretion, result in the forfeiture of payment. Contact: support@growmofo.com.
Intellectual Property
1. GrowMOFO/or its licensors own all the intellectual property rights including any and all beneficial and legal ownership and intellectual and industrial protection rights throughout the world, both future and present, including rights in respect of or in connection with any copyright (including future copyright and rights in the nature of or analogous to copyright), moral rights, inventions (including patents), trademarks, logos, photographs, graphics service marks, designs, circuit layout and performance protection (whether or not now existing and where or not registered or registrable) and includes any right to apply for the registration of such right and all renewals and extensions connected with the Website, our Services or GrowMOFO generally.
Limited License
1. We grant you a limited and non-exclusive license only to access and make personal use of the Website.
2. This limited license does not give you the right to:
  - make use of the Website or any material on the Website other than for personal use;
  - download or modify the Website or its contents;
  - republish material from the Website;
  - sell, rent, or sub-license material from the Website;
  - create any derivative work based upon the Website or any material contained in the website;
  - exploit material from the Website for a commercial purpose; or
  - redistribute material from the Website.
Limited Warranties
1. We do not make any representations or warranties of any kind related to the Website or the materials contained on the Website.
Limitation of Liability
1. GrowMOFO will not be liable to you to the extent permitted by law in respect of any losses arising out of any event beyond our reasonable control.
2. GrowMOFO shall not be held liable for any event arising out of or in any way connected with your use of the Website including the Services.
3. GrowMOFO shall not be held liable for any indirect, consequential or special liability arising out of or in any way relating to your use of the Website including the Services.
4. You agree that you will not bring any claim against any of or our officers, agents, employees, contractors or shareholders in respect of any loss, expense costs or liabilities whatsoever you may suffer in connection with the Website, the Services or these Terms and Conditions including our Privacy Policy.
5. Nothing in these Terms and Conditions excludes or limits your statutory rights as a consumer or our liability for:
  - fraud;
  - death or personal injury caused by our breach of duty; and
  - any breach of the obligations implied or guaranteed by law including Schedule 2 of the Competition and Consumer Law Act 2010M (Cth) or equivalent State or Territory laws (“Australian Consumer Law”).
6. Notwithstanding any of the above, in the event of any action being taken against us or any of our officers, employees, agents or shareholders the amount of liability shall be limited to the Services, the value of which is to be determined by us.
Indemnification
1. You hereby indemnify and will keep indemnified GrowMOFO and any Related Entities as defined under the Corporations Act 2001 (Cth) to the fullest extent from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising as a consequence of your use of the Website including any purchases of Services or communications made using this website or these Terms and Conditions generally.
Breaches
1. Without limitation to our rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, directly or indirectly or if we reasonably suspect that you have breached these Terms and Conditions in any manner or form, we reserve all of our rights to make any application for injunctive relief or otherwise or issue any legal proceedings without notice to you.
Assignment
1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms and Conditions.
2. You shall not assign, transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms and Conditions.
Severability
1. In the event that any term or condition contained in these Terms and Conditions is found to be void or voidable by reason of any statute or rule of law or equity, then that term or condition will be of no force or effect and will be severed from these Terms and Conditions without affecting the validity and enforceability of the remaining Terms and Conditions.
Governing Law and Jurisdiction
1. These Terms and Conditions shall be governed by and interpreted in accordance with the laws of Victoria.
2. Any disputes relating to these Terms and Conditions shall be subject to the non-exclusive jurisdiction of the courts of Victoria.