Effective Date: March, 2017
PLEASE READ THIS AGREEMENT CAREFULLY. THIS IS A BINDING CONTRACT.
YOUR USE OF THE PLATFORM/WEBSITE/APP AND/OR THE SERVICE, OR BY CLICKING “I ACCEPT” IF PRESENTED WITH THIS TOU IN A CLICK-THROUGH FORMAT, SIGNIFIES YOUR AGREEMENT TO THIS TOU AND CONSTITUTES YOUR BINDING ACCEPTANCE OF THIS TOU, INCLUDING ANY MODIFICATIONS THAT GRWO MAKES FROM TIME TO TIME. ALL USERS ACKNOWLEDGE THAT THE PLATFORM IS IN BETA TESTING AND NOT YET A FINAL PRODUCT, SERVICE OR SOFTWARE. ACCESS TO THE PLATFORM IS PROVIDED “AS IS.” GRWO PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION, OF ANY KIND THAT THE PLATFORM WILL MEET USERS REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE FREE OF ERRORS OR HARMFUL CODE. GRWO RESERVES THE RIGHT TO CHANGE THESE AND ALL OTHER TERMS AS IT DEEMS FIT.
These Terms of Service (“Terms”) govern your access to and use of the services, including our various websites, SMS, APIs, email notifications, applications, buttons, and widgets, (the “Services” or “Grwo”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
You are responsible for your use of the Services, for any content you post to the services, and for any consequences thereof. The content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites. Besides the required content needed to register for an account, you should only provide content that you are comfortable sharing with others under these Terms. You may use the Services only if you can form a binding contract with Grwo and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction(s). If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. The Services that Grwo provides are always evolving and the form and nature of the Services that Grwo provides may change from time to time without prior notice to you. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
As part of the Services we provide, you may receive push notifications, local client notifications, text messages, pictures messages, alerts, emails or other types of messages directly sent to you outside or inside the Platform (“Push Messages”). You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Services or through the phone’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please be aware that messaging fees may apply depending on the message plan you have with your wireless carrier.
In order to access features of the Services such as receiving rewards, you have to create an account with Grwo. To create an Account, you must be either an employee or authorized by one of Grwo’s customers. If you register, you will be asked to choose a user name and a password. You agree not to disclose your password to anyone else and that you will be solely responsible for any activities or actions taken under your Account, whether or not authorized by you. Please notify us immediately of any unauthorized use of your password or your Account. We are not liable for any loss or damage from your failure to comply with these requirements. You agree that the information you provide us will be true, accurate, current and complete. By creating an Account you consent to the use of: (i) electronic means to complete the Terms and to provide you with any notices given pursuant to the Terms; and (ii) electronic records to store information related to the Terms or your use of the Services.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
You may earn Grwo Points in a variety of ways as indicated through the Platform and Application. You are responsible for ensuring that Grwo Points are properly credited and you should check your account regularly. As of now, you may not purchase, combine or transfer Grwo Points with other members of the Program (“Members”) or any other person, and any attempt to do so may result in disqualification from the Program and forfeiture of all Grwo Points in your account. Grwo reserves the right to change, add or remove rewards, and the methods by which users can earn and redeem Grwo Points, or other awards, for any reason and without notice to you, in its sole discretion and at any time. If you believe that Grwo Points were not properly accrued to your account, please notify Grwo by using the “Contact Us” form on the website within 30 days of when you think the error occurred. Allow 30 days for any claims to be researched and corrected as needed. Grwo’s determination will be final.
You may redeem Grwo Points and other in-platform awards for various rewards (“Rewards”) listed in the Rewards section of the Grwo Platform/Application while supplies last and/or during the time periods specified. You can select any item still available for which you have accumulated sufficient Grwo Points for redemption. To redeem, click the selected item and follow instructions provided to claim the Reward. Initially the Grwo Platform offers three channels to redeem rewards: Encourage, Experiences & Everyday. For some Rewards, for example a “virtual store card“ you may see on your mobile or other device, or receive an email containing, a unique code that you will need to present to a store sales associate to redeem your Reward. Emails will be sent to the email address your employer provides. Other Rewards may require a mailing address to ship the Rewards. You are responsible for maintaining the accuracy of your contact information in your Account. Grwo has the intent to modify the list of Rewards periodically, and reserves the right to modify the Grwo Point values of the Rewards at any time for any reason. Grwo Points can be used as soon as they are reflected in your Account balance or may be accrued over time for later use prior to expiration or forfeiture, or termination of the Program. Some Rewards may require additional time before they can be fulfilled and other rewards may require certain base level of accrued point balance before being eligible to enter a competition. Grwo Points have no cash value and may only be redeemed for Rewards offered in this Program. Grwo Points earned are not your property and cannot be sold, transferred, or assigned. All redemptions of Grwo Points for Rewards are final. Refunds, exchanges and other issues regarding the redeemed item are governed by the Reward supplier’s terms and conditions applicable to the item, including any warranty, and are not the responsibility of Grwo. For some rewards, Grwo reserves the right to require interaction by the user and/or feedback. Restrictions may apply to certain Rewards. Terms and conditions of Rewards are disclosed on the Platform.
Rewards participating in Grwo are subject to change at any time. Rewards pictured on the Grwo may not necessarily reflect exact colors or models of actual Rewards due to model variations and/or manufacturer’s updates. Some rewards require a current street address for shipment. Grwo reserves the right to substitute merchandise of equal or greater value in place of unavailable merchandise, or to refund Grwo Points that were redeemed for unavailable merchandise. The imagery used on our platform are by no means an endorsement by the individuals/companies portrayed nor does it by default imply any confirmed relationship with Grwo, its parent, subsidiaries or principals. The imagery is not intended to recommend, or favor any views expressed, by the organizations or individuals sponsoring Grwo, by trade name, trademark, manufacture, or otherwise. All Program Rewards are provided “as is” without warranty of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose or non-infringement. Grwo may require verification of your achievements through multiple channels. Grwo reserves the right to change its verification process.
Each reward may have its own individual rules as well. In the event of a conflict between the official rules and the individual rules, the individual rules govern.
Rewards are open to active employees of our selected partners and/or customers. Employees of Grwo, the prize providers, and the Prize Benefactor(s) and members of their immediate families, regardless of where they reside, are not eligible to enter.
Winner(s), by acceptance of rewards, except where prohibited, grants permission to Grwo to use his/her name, title, employer and/or other likeness and information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval, unless otherwise prohibited by law.
With the exception of the payment of any applicable taxes that may result from Rewards received as part of the Program, as well as Shipping & Handling Costs unless explained differently, the use of the Services and Applications is currently made available to users free of charge; however, while it is not currently intended, we reserve the right to charge a fee for using the Services at any time. If we begin charging a fee for your continued access to the Services, we will give you at least 15 days prior notice so you can opt out of the Services.
You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Grwo and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Grwo name or any of the Grwo trademarks, logos, domain names, and other distinctive brand features.
For now this TOU is governed by and shall be construed in accordance with the substantive laws of The Netherlands. Grwo reserves the right to select different governing laws and jurisdictions as it deems fit.
Please read this section carefully since it limits the liability of Grwo and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Grwo Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited. Except where prohibited, as a condition of participating in this platform, each participant agrees that any and all disputes, claims and causes of action arising out of or connected with Grwo, the rewards awarded shall be resolved individually, without resort to any form of class action. Participant further agree that in any cause of action, the Sponsor’s and reward Benefactor’s liability will be limited to the cost of entering and participating in the platform, and in no event shall they be liable for attorneys’ fees and/or experts’ fees and costs. Participants waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages and participants further waive all rights to have damages multiplied or increased. I intend by this agreement to release, in advance, and to waive my rights and to indemnify, defend, and hold harmless the released parties with respect to any cost, expense, liability or damage, including reasonable attorneys’ fees and expenses related to the investigation or defense of any claims (collectively, “Damages”) incurred if and to the extent that such damages result from claims resulting from the activities or on account of any actions, negligent or otherwise, of the released parties. I understand and agree that this agreement is binding on my heirs, assigns, and legal representatives.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GRWO, ITS SUBSIDIARIES, PARENT ENTITIES AND OFFICERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE GRWO ENTITIES EXCEED THE GREATER OF TWENTY U.S. DOLLARS (U.S. $20.00).
The Terms will continue to apply until terminated by either you or Grwo as follows. Though we would be sad to see you go, you may end your legal agreement with Grwo at any time for any reason by deactivating your account and discontinuing your use of the Services. You do not need to specifically inform Grwo when you stop using the Services. If you stop using the Services without deactivating your accounts, your accounts may be deactivated due to prolonged inactivity. We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
If you have any questions or concerns regarding this TOU, please contact us at: email@example.comIf we need, or are required, to contact you concerning any event that involves your information we may decide to do so by email, telephone, or mail.
BY REGISTERING AS A USER TO THE GRWO PLATFORM, I AGREE THAT I HAVE READ AND UNDERSTOOD ITS TERMS AND BE BOUND BY THOSE TERMS AS EXPLAINED IN THIS SUBHEADING OF THE GRWO WEBSITE AGREEMENT.
We hope you will be inspired and motivated by our platform and that you enjoy Grwo!