Please read these terms of use carefully before using this site

Effective date: 10 July 2021

What’s in these terms?

1. These terms tell you the rules for using our website www.growthenabler.com (our site).

Who we are and how to contact us

2. www.growthenabler.com is a site operated by GrowthEnabler Global Ltd (“We”). We are registered in England and Wales under company number 09382810 and have our registered office at 7 Crown Green Mews, Pellat Road, Wembley, Middlesex, England, HA9 8FB. Our VAT number is 257052412.

No.60, Vittal Mallya Road, Bangalore – 560001

3. We are a limited company.

4. To contact us, please email info@growthenabler.com.

By using our site you accept these terms

5. By using our site, including the GrowthEnabler Digital Platform (the ‘Platform’), you confirm that you accept these terms of use and that you agree to comply with them.

6. If you do not agree to these terms, you must not use our site or access the Platform.

7. We recommend that you print a copy of these terms for future reference.

There are other terms that may apply to you

8. These terms of use refer to the following additional terms, which also apply to your use of our site:

8.1. Our Acceptable Use Policy , which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.

8.2. Our Privacy Policy , which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

8.3. Our Cookie Policy , which sets out information about the cookies on our site.

We may make changes to these terms

9. We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

We may make changes to our site

10. We may update and change our site from time to time to reflect our users’ needs and our business priorities.

Access to our site and Platform

11. Our site is made available free of charge.

12. The Platform is not available to consumer customers. In other words, you are not permitted to set up an account to access the Platform unless you are a business customer who is making use of the information for business purposes only.

13. We may charge you to access the Platform.

13.1. We will charge you if we consider that you are a “Corporate” customer. You will be a Corporate customer if your annual turnover is in excess of £100million

13.2. You will be given free access to the Platform if we consider that you are a “Start-up” customer and you provide us with certain information about your business.

13.2.1. You will be a Start-up customer if your business has been operating for less than 7 years and your annual turnover is below £50m .

13.2.2. The information we will ask you to provide us with may include, but is not limited to, general details about your business, information regarding your funding sources and amounts of funding, and details of any patents and pending patent applications.

14. We will tell you if you are required to pay to access the Platform.

14.1. The price (including VAT), and details as to how to pay, will be notified to you when you first register to access the Platform.

14.2. If you are required to pay, you must make payment of the full amount notified to you (without set-off, counter claim or deduction) before you are able to access the Platform.

14.3. Unless we agree otherwise in writing, payment will give you access to the Platform for one year from the date of payment. Your access to the Platform will end one year from the date of payment and will not automatically renew. You will have to make payment to us annually, on such terms as we have in place from time to time, if you want continued access to the Platform.

14.4. Any payment made to access the Platform is non-refundable.

15. In addition to other rights and remedies that we may have, your access to the Platform may be terminated or suspended immediately, and at any time, by us if:

15.1. you have paid to access the Platform and your subscription has expired;

15.2. you do not make payment to us of any amount when due;

15.3. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to allow you access to the Platform;

15.4. the contract is ended in accordance with our terms of use; or

15.5. we consider you have breached any provision of our terms of use.

We may suspend or withdraw our site

16. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

17. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

You must keep your account details safe

18. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

19. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

20. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at help@growthenabler.com.

How you may use material on our site

21. We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

22. You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

23. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

24. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

25. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

26. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Do not rely on information on this site

27. The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

28. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

We are not responsible for websites we link to

29. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

30. We have no control over the contents of those sites or resources.

User-generated content is not approved by us

31. This website may include information and materials uploaded by other users of the site, including information contained on start-up customer page profiles. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

32. If you wish to complain about information and materials uploaded by other users please contact us on.

Your responsibility for loss or damage suffered by us

33. If you are a business user you agree to indemnify us against all liabilities, costs, expenses, damages and direct and indirect losses suffered or incurred by us because of your use of our site or your breach of any provision of our terms of use.

Your responsibility for loss or damage suffered by you

34. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

If you are a business user:

35. We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.

36. We will not be liable to you for any losses incurred because of an event beyond our reasonable control, or the reasonable control of our suppliers or service providers.

37. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

37.1. use of, or inability to use, our site; or

37.2. use of or reliance on any content displayed on our site.

38. In particular, we will not be liable for:

38.1. loss of profits, sales, business, or revenue;

38.2. business interruption;

38.3. loss of anticipated savings;

38.4. loss of business opportunity, goodwill or reputation; or

38.5. any indirect or consequential loss or damage.

39. Our total liability to you in respect of all other losses, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £25,000.00

40. If you are a consumer user:

41. Please note that as a consumer you are only permitted to use our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Uploading content to our site

42. Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.

43. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

44. Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights you are giving us to use material you upload.

45. We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

46. We have the right to remove any information you have uploaded to our site or any posting you make on our site if, in our opinion, it does not comply with the content standards set out in our Acceptable Use Policy.

47. You are solely responsible for securing and backing up your content.

Rights you are giving us to use material you upload

48. When you provide us with information to access the Platform, or when you upload or post content to our site, you grant to us:

48.1. a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that information and/ or content on our site and in connection with the products or service provided by our site and across different media and you shall not have any monetary claims whatsoever against us in this regard.

48.2. the right to use the information and/ or content to promote the Platform, the site or GrowthEnabler Global Ltd; and

48.3. to allow third parties to use that information and/ or content in accordance with the functionality and operation of the site.

49. The rights conferred by clause 47 shall endure and will not be effected by:

49.1. the expiry of any subscription that you have to access the Platform;

49.2. the termination or expiry of any contract that we have entered into with you from time to time; or

49.3. the removal, alteration or deletion of any information or content that you provided to us or uploaded or posted to the site.

50. If you are a Start-up customer we may give you the option to keep certain information you have provided to us in-accessible to other users of the site. If you decide to do this, we will use reasonable endeavours to make sure that other users of the site cannot access such information but we make no guarantees in this regard.

We are not responsible for viruses and you must not introduce them

51. We do not guarantee that our site will be secure or free from bugs or viruses.

52. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

53. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Rules about linking to our site

54. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

55. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

56. You must not establish a link to our site in any website that is not owned by you.

57. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

58. We reserve the right to withdraw linking permission without notice.

59. The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

60. If you wish to link to or make any use of content on our site other than that set out above, please contact info@growthenabler.com

Assignment

61. We may transfer our rights and obligations under these terms to another organisation or person at any time.

62. You may only transfer your rights or obligations under these terms to another organisation or person if we agree to this in writing.

Which country’s laws apply to any disputes?

63. If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by Indian laws. You and we both agree that the courts of Bangalore will have exclusive jurisdiction.

64. If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Indian laws. We both agree to the exclusive jurisdiction of the courts of Bangalore.

Our trademarks are registered

65. “GrowthEnabler” and the GrowthEnabler Global logo is a UK registered trade mark of GrowthEnabler Global Ltd. You are not permitted to use this trade mark without our approval, unless it is part of material you are using as permitted under How you may use material on our site.

Cookie Policy

INFORMATION ABOUT OUR USE OF COOKIES

Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. By continuing to browse the site, you are agreeing to our use of cookies. A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.

We use the following cookies:

Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website.
Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

INFORMATION ABOUT INDIVIDUAL COOKIES WE USE

We use Google Analytics cookies on this website. Google Analytics is a free service provided by Google that uses several cookies. The cookies set by Google Analytics are used to help us gather information about how this website is used by visitors. The information is not personally identifiable, and is simply used to track and improve the level of service our site is providing. More information on the cookies that are set through our use of Google Analytics can be found on Google’s Cookies & Google Analytics page. If you wish to disable these cookies, please use the opt-out browser add-on supplied by Google. Or you can set your browser to reject all or certain cookies. Disabling cookies set by Google Analytics will not reduce the service provided to you.

BLOCKING COOKIES

You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.

EXPIRY OF COOKIES

Except for essential cookies, all cookies will expire after six months.

Privacy Policy

GrowthEnabler Global Ltd (“we”, “us”, “our”) are committed to protecting and respecting your privacy. This policy applies to the www.growthenabler.com website (“Website”) and sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By using the Website you are accepting and consenting to the practices described in this policy.

Information we may collect from you

The GrowthEnabler platform that our customers access will be materially unaffected by the GDPR.

We may collect and process personal information and information about you and your business. Such information may include your e-mail address, name, company name, company number and contact details. We may also collect demographic information such as your age, gender, industry your business operates in, preferences and interests. This includes information provided to us when you register to use the GrowthEnabler Digital Platform, information you share with other users when you use our Website, when correspond with us (via e-mail or otherwise) and when you report a problem with our Website. There is no sensitive personal information on the platform.

We may also automatically collect information about your computer hardware and software. This information can include IP addresses, browser type, domain names, access times and referring website addresses. This information is used by us for the operation of the Website, to maintain quality of the service, and to provide general statistics regarding use of the Website.

Our Website may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

Cookies

Our Website uses cookies to distinguish you from other users of our Website. This helps us to provide you with a good experience when you browse our Website and also allows us to improve our Website. For detailed information on the cookies we use and the purposes for which we use them see our Cookie Policy.

Uses made of the information

We use information held about you in the following ways:

to administer and operate the Website and ensure that the content from the Website is presented in the most effective manner for you and for your computer;
to provide you with information that is similar to information you have already accessed or enquired about;
as part of our efforts to keep our Website safe and secure;
to allow you to participate in interactive features of our Website, when you choose to do so;
to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information that you request from us;
to receive payment from you and contact you where necessary in regard to such payment(s);
to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
to make suggestions and recommendations to you and other users of our Website about our or our business partners’ goods or services that may interest you or them.

Disclosure of your information

Except as described in this Policy, we will not disclose your personal information outside of GrowthEnabler and its subsidiaries and affiliates without your consent.

User Business Profiles and Submissions: Certain user profile information, including your name, location, and any image content may be displayed to other users to facilitate user interaction within the Services or address your request for our services. Your profile information is only available to registered users of the platform. Your profile privacy settings may allow you to limit the what information in your user profile is visible to others. You may be contacted by other users via private messages through the Service.

We may disclose your personal information to third parties:

in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
with our subcontractors and business partners for the purpose of fulfilling our obligations to you;
if GrowthEnabler Global Ltd or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets;
if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or to protect the rights, property, or safety of GrowthEnabler Global Ltd, our customers, or others;
with analytics and search engine providers that assist us in the improvement and optimisation of our Website.

We occasionally hire other companies to provide limited services on our behalf, such as providing customer support, hosting websites, processing transactions, or performing statistical analysis of our services. Those companies will be permitted to obtain only the personal information they need to deliver the service. They are required to maintain the confidentiality of the information and are prohibited from using it for any other purpose.

Business Transfers: We may choose to buy or sell assets and may share and/or transfer customer information in connection with the evaluation of and entry into such transactions. Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information could be one of the assets transferred to or acquired by a third party.

Your Rights

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can also exercise the right at any time by contacting us at info@growthenabler.com.

Where we store your personal data

The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy. All information you provide to us is stored on our secure servers. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Website; any transmission is at your own risk.

GrowthEnabler utilises Microsoft Azure servers to host our platform and to store our data. Microsoft Azure follow ISO27001 certifications and policies, as well as additional security measures. By using our platform, you understand and agree to allowing your data to be stored on Microsoft Azure Servers.

Our Commitment to data security to prevent unauthorised access, maintain data accuracy, and ensure the correct use of information, we have put in place a variety of security technologies and procedures to help protect your personal information we collect through the Site and Applications. If we, an affiliate, or one of our service providers is required to disclose or provide notice to you of unauthorised access to or other invasions of certain security systems, you agree that we may provide you notice by either posting notice on our Site and Applications or sending notice to any e-mail address we have for you. Access to information

The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you. Please make your request in writing to the details below.

CHANGES TO OUR PRIVACY POLICY

Any changes we may make to our privacy policy in the future will be posted on this page. Please check back periodically to see any updates or changes to our privacy policy.

Contact

If you are concerned about the handling of your peronal information, or if you have any complaint, questions, comments and requests regarding this privacy policy are welcomed and should be addressed to :-

Mr.___________________

(Grievance Officer)

Growth Enabler India Private Limited

No.60, Vittal Mallya Road,

Bangalore – 560 001

E-mail ID: nodal@growthenabler.com

The Grievance Officer is identified above is pursuant to the provisions of applicable law including but not limited to Information Technology Act 2000 and the Consumer Protection Act, 2019 and the rules enacted under those laws.

ACCESSING YOUR PERSONAL INFORMATION

We may provide you the ability to view or edit your personal information online. In order to help prevent your personal information from being viewed by others, you will be required to sign in with your credentials (username and password)

FORCE MAJEURE

Growth Enabler shall not be liable for any failure to perform any obligations under this User Terms, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case our obligations under this User Terms shall be suspended for so long as the Force Majeure Event continues.

INDEMNIFICATION

By accepting these User Terms and using the Service, You agree that You shall defend, indemnify and hold Growth Enabler, its affiliates, their licensors, and each of its officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) Your violation or breach of any term of these User Terms or any Applicable Law or regulation, whether or not referenced herein; (b) Your violation of any rights of any third party, (c) Your use or misuse of the Application or Service.

LIABILITY

The information, recommendations and/or Services provided to You on or through the Site, are for general information purposes only and does not constitute advice. Growth Enabler will reasonably keep the Site and its contents correct and up to date but does not guarantee that (the contents of) the Site is free of errors, defects, malware and viruses or that the Site is correct, up to date and accurate.

Growth Enabler shall not be liable for any damages resulting from the use of or inability to use the Site, including damages caused by wrong usage of the Site, error in call centre number, network issues, malware, viruses or any incorrectness or incompleteness of the Information or the or Application.

Growth Enabler does not assure a complete sustainability of its Service and shall not be held responsible or liable for the same, in any manner.

IN NO EVENT SHALL GROWTH ENABLER BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GROWTH ENABLER HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.

IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GROWTH ENABLER’s AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE USER TERMS OR THE SERVICES RENDERED HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF Rs. 1000/- (Rupees One Thousand only).

If Applicable Law does not permit the exclusion of certain warranties or the limitation or exclusion of liability, the scope and duration of such warranty exclusions and the extent of the liability of GROWTH ENABLER shall be the minimum permitted under Applicable Law.

APPLICATION LICENSE

You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or Site in any way; (ii) modify or make derivative works based upon the Service or Application; (iii) create Internet “links” to the Service or “frame” or “mirror” any Site on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Site in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Service or Site, or (c) copy, reproduce, record, or make available to the public any ideas, features, functions or graphics of the Service or Site, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Site.

You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Site, the Application or Service or the data contained therein; or (v) attempt to gain unauthorised access to the Site, the Application or Service or its related systems or networks.

Growth Enabler will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Growth Enabler may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms. You acknowledge that Growth Enabler has no obligation to monitor Your access to or use of the Site, Service or Posted Content, but has the right to do so for the purpose of operating the Site and Service, to ensure Your compliance with these User Terms, or to comply with Applicable Law or the order or requirement of a court, administrative agency or other Governmental body. Growth Enabler reserves the right, at any time and without prior notice, to remove or disable access to any content that Growth Enabler, at its sole discretion, considers to be in violation of these User Terms or otherwise harmful to the Site, the Service or application.

CONTENT POSTED BY CUSTOMERS

Growth Enabler may accept posting of any notes, messages, e-mails, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information given by you on the Site (“Posted Content”) by You. You represent that You have obtained all permissions and consents required to post the Posted Content and such Posted Content complies with all requirements of the Posted Content. Growth Enabler shall not in any manner be responsible for or endorse the Posted Content.

You agree that when posting Posted Content, You will not: (i) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, blasphemous, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful material or information. (ii) Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless You own or control the rights thereto or have received all necessary consents. (iii) Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer. (iv) Advertise or offer to sell or buy any goods or services for any business purpose, unless the Site specifically allows such messages. (v) Conduct or forward surveys, contests, pyramid schemes or chain letters. (vi) Download any file posted by another user that You know, or reasonably should know, cannot be legally distributed in such manner. (vii) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. (viii) Deceive or mislead the addressee about the origin of a message or communicate any information which is grossly offensive or menacing in nature. (ix) Restrict or inhibit any other user from using and enjoying the Site. (x) Violate any code of conduct or other guidelines which may be applicable for any particular Posted Content. (xi) Harvest or otherwise collect information about others, including e-mail addresses, without their consent. (xii) Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. (xiii) Violate any Applicable Laws or regulations including the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.

INTELLECTUAL PROPERTY OWNERSHIP

Growth Enabler alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to (i) the Site, Application, product, Service and any suggestions, ideas, enhancement requests, feedback, recommendations or any other offering; (ii) text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code; or (iii) other information provided by You or any other party relating to the Site, Application or the Service. Third party trademarks may appear on this Site/ Application and all rights therein are reserved to the registered owners of those trademarks. For use of any third party’s intellectual property, You need to get permission directly from the owner of the intellectual property for any use.

These User Terms do not constitute a sale and do not convey to You any rights of ownership in or related to the Site, the Application or the Service.

You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by use of the Services or the Site/ Application.

You may use information on the Site purposely made available by Growth Enabler for downloading from the Site, provided that You: (i) do not remove any proprietary notice language in all copies of such documents and make no modifications to the information; (ii) use such information only for Your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or (iii) do not make any additional representations or warranties relating to such information.

INVALIDITY OF ONE OR MORE PROVISIONS

The invalidity of any term of these User Terms shall not affect the validity of the other provisions of these User Terms. If and to the extent that any provision of these User Terms is invalid, or is unacceptable in the given circumstances, a provision shall apply between the parties instead that is acceptable considering all the circumstances, taking into account the content and the purpose of these User Terms.

CONFLICT

In the event of any contradiction or inconsistency between this User Terms and any other agreement executed between You and Growth Enabler, the terms of the User Terms shall prevail unless the exception has been expressly agreed to in writing by making reference to the relevant Clause sought to be modified under this User Terms.

DISCLAIMER

Growth Enabler also does not guarantee or provide assurance in respect of the behaviour, actions or data of the users posted on the Site.

We do not authorise anyone to make a warranty on Our behalf and You shall not rely on any statement of warranty as a warranty by Us.

Growth Enabler and their representatives, officers, employees, agents and contractors shall not be liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising directly or indirectly from Your use or non-use of the Service or the Site, or Your reliance upon the Service or the information contained upon the Site (whether arising from Growth Enabler or any other person’s negligence or otherwise).

This Site Application and all content on the Site and the Application are provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by Your access of the Site and/or Application, that Your access of the Site and/or Application and availing of Services is at Your sole risk, that You assume full responsibility for Your access and use of the Site and/or Application, and that Growth Enabler shall not be liable for any damages of any kind related to Your access and use of this Site and/or Application.

All images, audio, video and text in the Site and/or Application are only for illustrative purposes. None of the models, actors or products in the images, if any, are endorsing the Services in any manner. Any resemblance of any matter to anybody or anything is purely unintentional and/or coincidental.

APPLICABLE LAW AND DISPUTE RESOLUTION

These User Terms are subject to the laws of India. Any dispute, claim or controversy arising out of or relating to these User Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site, the Service or the Application (collectively, “Disputes”) the parties shall attempt to settle the same amicably, through negotiation and consultation at such offices of Growth Enabler as Growth Enabler may designate. In the event the dispute is not resolved internally between after at least 30 (thirty) days of negotiation, in good faith, the same shall be subject to binding and final arbitration in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time or in case the Arbitration and Conciliation Act, 1996 is no longer in force, as per any law relating to arbitration in force at the time of such reference. The reference shall be made to a sole arbitrator mutually appointed by Growth Enabler. The place of the arbitration shall be Bengaluru, Karnataka. Subject to the above, any Dispute will be subject to the exclusive jurisdiction of courts in Bangalore, India.