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Terms of Use

Effective as of March 19, 2025

Introduction

Greetings and welcome to The Growth Vine ( “we”, “us”, or “our”). We specialize in delivering comprehensive business solutions, including graphic design, website building, presentations, and printing services. We also offer learning solutions such as homework assistance, tutoring sessions, and online courses.

 

Thank you for visiting our website https://www.thegrowthvine.com/ and all its associated web pages (collectively, the “Sites”), which allow you to access all our products and services (collectively, the “Services”). By using our Services, you also acknowledge and agree to our Privacy Policy.

 

These Terms of Use (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”, “your”), and The Growth Vine concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE Terms, THEN YOU ARE PROHIBITED FROM USING THE SERVICES, AND YOU MUST DISCONTINUE USE IMMEDIATELY.

 

Note: These Terms do not replace the statement of work or any contract you negotiate and sign for any of our Services. It is essential to read and understand these Terms in conjunction with any contractual agreement to ensure cohesive interpretation and implementation of services. 

1. Our Services

a) Age restrictions

The Services are intended for users who are at least 18 years of age or the minimum legal age of consent in the country in which they reside. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Terms before you use the Services.

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b) Access to the Services

You are solely responsible for all activities associated with your account, including any unauthorized use and its consequences. You are not permitted to allow any other party to use your account, including email and password. We strongly urge you to safeguard your account and ensure that others do not have access to it. You are also prohibited from using another person’s account. Your account is non-transferrable and must not be shared with anyone. The Growth Vine will not be held liable and accountable for any harm, loss, or damage caused by your failure to safeguard your account.

 

c) Use of the Services

Although our Site is accessible worldwide, the Services are not intended for use in any jurisdiction or country where its use would be contrary to local laws or regulations. By using the Services, you are solely responsible for compliance with local laws or regulations as applicable.

 

d) Anti-discrimination

You are not permitted to use the Services to incite or promote violence and discrimination against individuals or groups of persons, especially based on race, religion, gender, or political affiliation.

2. Intellectual Property Rights

a) Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).

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Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

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The Growth Vine respects the intellectual property of others, and as such, if you believe that any content on our Sites infringes on your intellectual property rights, please contact us.
 

b)Your use of our intellectual property

Subject to your compliance with these Terms, including the 'PROHIBITED ACTIVITIES' section below, we grant you a non-exclusive, non-transferable, revocable licence to:

  • access the Services; and

  • download or print a copy of any portion of the Content to which you have properly gained access,

solely for your personal, non-commercial use or internal business purpose.
 
Except as set out in this section or elsewhere in our Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
 
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Terms, please address your request to: greetings@thegrowthvine.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
 
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
 
Any breach of these Intellectual Property Rights will constitute a material breach of our Terms and your right to use our Services will terminate immediately.

c) Your user content 
To complete your order for any of our Services, you may provide us with content, including but not limited to data, videos, images, audio, logos, code, and any other materials (“User Content”). You retain full ownership of all of your user content and any intellectual property rights or other proprietary rights associated with your user content. We are not liable for any statements or representations in your user content provided to use our Services. You are solely responsible for your user content to use the Services, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your user content.
 
Please review this section and the 'PROHIBITED ACTIVITIES' section carefully before using our Services to understand the (a) rights you give us and (b) obligations you have when you upload any content through the Services.
 
By sending us user content through any part of the Services, you:

  • confirm that you have read and agree with our 'PROHIBITED ACTIVITIES' and will not post, send, publish, upload, or transmit through the Services any user content that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;

  • to the extent permissible by applicable law, waive any and all moral rights to any such user content;

  • warrant that any such user content is original to you or that you have the necessary rights and licenses to submit such user content and that you have full authority to grant us the above-mentioned rights in relation to your user content; and

  • warrant and represent that your user content do not constitute confidential information.


You are solely responsible for your user content and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
 
d) Your license to us
By using the Services, you grant The Growth Vine a non-exclusive, royalty-free, transferable, sub-licensable, irrevocable, worldwide right and license to use, host, store, modify, reproduce, display, distribute, publish, publicly display, publicly perform, and create derivative works (e.g., those resulting from you enabling localization translations and adaptations) of your user content for the limited purposes of providing, improving, testing, promoting, and securing the Services.

3. Your Responsibilities

By using the Services, you represent and warrant that: 

a) all registration information you submit will be accurate, current, and complete

b) you will maintain the accuracy of such information and promptly update such registration information as necessary

c) you have the legal capacity and you agree to comply with these Terms

d) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received permission from your parent or guardian to use the Services

(e) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise

(f) you will not use the Services for any illegal or unauthorised purpose

(g) your use of the Services will not violate any applicable law or regulation

4. User Account

You may be required to create an account (“User Account”) to use the Services, especially if you want to book meetings or participate in online classes. You agree to keep your password confidential and will be solely responsible for all use of your account and password. We reserve the right to decline your account creation or remove your account if we determine, in our sole discretion, that any of these Terms are breached or will not be adhered to.

5. Consultation Meetings

We offer three complimentary live 15 - 30-minute consultation meetings (“meetings”) via Microsoft Teams for clients utilizing our website building, graphic design, and presentation services. These meetings are only facilitated after you have paid any fees associated with obtaining the applicable Service that you requested. 

 

Attending at least one meeting is mandatory for clients utilizing our website-building service.

 

a) Booking meetings

When signed in to your account on The Growth Vine, you will see an option to book a meeting for the Service that applies to you. Should you find that there are no available dates or times that accommodate your schedule, we encourage you to reach out to us via email at support@thegrowthvine.com to discuss further options. By proceeding to book a meeting with us, you confirm that you have read, understood, and agreed to Microsoft Teams’ privacy policy and terms of use.

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b) Cancelling or rescheduling a meeting

We require all clients to provide at least 24 hours' notice when canceling or rescheduling a meeting. If you are unsure how to cancel or reschedule a meeting, please message us on WhatsApp or email us at support@thegrowthvine.com.

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Please be advised that if you arrive late for a meeting, we reserve the right not to compensate for the time lost due to our team members' tight schedules. If you are more than 10 minutes late, you will be considered a no-show, and that meeting will be deducted from the number of complimentary consultations you have remaining.

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c) More on no-shows

If you are a no-show for two consecutive meetings, we reserve the right to deny your request to reschedule. Additionally, if we do grant such a request, you may be subject to a non-refundable fee, which must be paid at least 48 hours before we facilitate the meeting. 

 

d) Website building

Given the complexity and intricacies that are inherent in website development, it is crucial that we achieve a clear understanding of your requirements to ensure your project is executed effectively. Failure to attend at least one of these meetings may lead to the cancellation of your order, as we are committed to maintaining high-quality work standards. 

6. Purchases and Payment

a) Making and receiving payments

You will be responsible for paying all applicable fees related to your use of the Services (the “Fees”). You may be required to provide your debit or credit card details to the payment service provider (“Payment Processor”) retained by The Growth Vine. If you pay in a currency other than Jamaican dollars (“Foreign Currency”), your currency will be converted to Jamaican dollars at the current exchange rate set by our payment processor. If you pay in a Foreign Currency and request a refund, you may receive a refund amount that differs from your original payment amount. The difference in payment and refund amounts is caused by currency exchange rate fluctuations, which The Growth Vine is not responsible for.

 

Please be advised that we do not accept cash as a form of payment. This policy has been implemented to enhance our bookkeeping records and to ensure the safety of both our customers and staff. 

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b) Placing an order

By engaging our Services, you agree to pay all fees on the invoice sent to you before we begin working on your order. We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

 

c) Fees

We do not have a set fee for any of the Services. All fees are determined by multiple factors, including but not limited to the complexity of your request, the availability of materials, quantity, turnaround time, and aggregate demand.

 

d) Taxes

All prices are exclusive of applicable national, state, local or other taxes (“Taxes”), unless otherwise stated.

 

e) Chargebacks

If you contact your financial institution to decline or reverse any payable fees to us (“Chargeback”), we may revoke your user account and discontinue any order not yet completed. If you have questions about a payment made to us, please contact us before filing a Chargeback. We reserve our right to dispute any Chargeback, including by providing the applicable financial institution with any information proving that the charge was authorized and the Services were rendered.

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f) Payment Processor

We use third-party payment processors to bill you for the use of our Services. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor, in addition to this Agreement.

 

g) Billing 

The Growth Vine may contact you at any time via email or any other method with billing information (including but not limited to invoices, quotes, and refund forms) regarding your use of the Services.

7. Refund and Cancellation Policy

A refund is dependent on several factors outlined in our refund policy below. Please carefully review the following terms for each of our services regarding fees, payment, and refunds.

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Refund requests must be made within 14 days of service completion. If your refund request is accepted, please allow 5-10 business days for a refund to appear on your original method of payment. You may be requested to complete a reimbursement form for us to send your refund to your financial institution of choice.

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It is important to note that the time it takes to process a refund does not include your financial institution’s processing times. If you experience any delays with the refund, we recommend contacting your financial institution directly.

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a) Online Courses

All purchases of online courses are considered consumed upon completion of the transaction. As such, we regret to inform you that these purchases are non-refundable. By proceeding with your purchase, you acknowledge and agree to these terms outlined in our terms of use. 

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b) Tutoring

(i) Payment

A non-refundable registration fee is required upon signing up for our tutoring service. After this initial payment, you must pay for each one-on-one or group tutoring session either before the session begins or within 48 hours after the session concludes. 

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(ii) Late payment or non-payment

Please be advised that if payment for each tutoring session is not received within 48 hours after the session concludes, a 10% late fee will be applied to the payment for the next session. Furthermore, if payment remains outstanding for 14 days after the tutoring session concludes, we reserve the right to decline future sessions with you.

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(iii) Cancellation or rescheduling by you

We understand that unexpected circumstances may arise that warrant a cancellation. Therefore, you are allowed a one-time cancellation without adequate notice. However, all cancellations and requests to reschedule must be made MORE THAN 4 hours BEFORE the scheduled tutoring session begins. 

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If you cancel or reschedule less than 4 hours before the start of the session, a fee of 10% will be applied to the payment for your next session. Please note that no charge will be incurred if cancellations and reschedules are done more than 4 hours before the tutoring session begins.

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(iv) Cancellation or rescheduling us

Our tutors are allowed a one-time cancellation without adequate notice to you. However, we will inform you of any cancellations or reschedules more than 4 hours before the scheduled tutoring session. To minimize any disruption to your schedule, we will strive to arrange for an alternative tutor to step in whenever possible.

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(v) Refunds

A full refund will be granted if payment for a tutoring session is made before its commencement and a cancellation request is submitted at least 4 hours before the session starts. Please be advised that if you are late and are only able to attend part of the tutoring session, no refund will be issued. Additionally, if you decide to discontinue the session at any point, a refund will not be provided.

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It is important to note that no refunds will be issued after the completion of a tutoring session. Once the session is completed, it is considered consumed and the transaction is final.

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If you have any questions or require further clarification, please do not hesitate to contact us. To submit a request for a refund, please send us an email at support@thegrowthvine.com.

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c) Homework Assistance

If you did not upload all the information required for your homework or assignment (“homework”) completion when filling out the quote form, you must send it to support@thegrowthvine.com before we begin the work.

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(i) Payments

All payments for homework assistance must be made before we commence your assignment. 

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(ii) Changes to homework

You are entitled to three minor changes during the process of us completing your homework or within 14 days after we complete your homework. Please be advised that any request for a fourth change or significant modifications will incur an additional fee. Therefore, it is essential to provide clear and precise details when filling out our quote request form to ensure your needs are met efficiently.

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(iii) No Refunds Conditions

No refunds will be given for the following condition(s):

  • You cancel your order once your homework has been completed and returned to you

  • You do not achieve the desired grade for your homework completed by us

  • The completion of your homework or assignment is delayed or incorrectly done due to your failure to provide the requested information in a timely manner

  • You submit the wrong homework details to us

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(iv) 100% Refund Conditions

100% refunds are applicable for the following condition(s):

  • If you wish to cancel your order within 24 hours of payment for the service

  • If the tutor assigned to your homework cancels and does not do your homework

  • If you accidentally paid twice for the same order, the refund for the second payment will be issued upon your confirmation. Please be aware that if you place two identical orders and pay for both, we will interpret this as a request for both orders to be completed, and we will commence work on them accordingly. Therefore, if either order was paid for mistakenly, it is crucial that you contact us immediately to clarify the situation

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(v) 80% Refund Conditions

80% refunds are applicable for the following condition(s):

  • If you wish to cancel your order after 24 hours have elapsed since making your payment

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d) Graphic Design and Presentations

All payments for our graphic design and presentation services must be made before we commence your project (“project”). Any information we require from you to complete your project must be sent to support@thegrowthvine.com before we begin the work. 

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(i) Changes to project

You are entitled to three minor changes within 14 days after your project has been completed. Please note that any request for a fourth change or significant modifications will incur an additional fee. Therefore, it is crucial to provide clear and precise details when filling out our quote request form.

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(ii) No Refunds Conditions

No refunds will be given for the following condition(s):

  • You can cancel your order once your project has been completed and returned to you

  • You do not achieve the desired grade for your project if it is being utilized for homework

  • The completion of your project is delayed or incorrectly done due to your failure to provide the requested information in a timely manner

  • You submit the wrong project details to us

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(iii) 100% Refund Conditions

100% refunds are applicable for the following condition(s):

  • If you wish to cancel your order within 24 hours of payment for the service

  • If the designer assigned to your project cancels and does not fulfill your order

 

(iv) 80% Refund Conditions

80% refunds are applicable for the following condition(s):

  • If you wish to cancel your order after 24 hours have elapsed since making your payment

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e) Printing

All payments for our printing services must be made before we print your document, picture, design, and other print items (“documents”). Any information we require from you to print your documents must be sent to support@thegrowthvine.com before we begin printing. 

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(i) Changes to documents 

Please note that any request for modifications will incur an additional fee. Therefore, it is crucial to provide clear and precise details when filling out our quote request form and the correct documents.

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(ii) No Refunds Conditions

No refunds will be given for the following condition(s):

  • You cancel your order after your documents have been printed and returned to you

  • You did not achieve the desired grade for your documents if it is being utilized for homework

  • The printing of your documents is delayed or incorrectly done due to your failure to provide the requested information in a timely manner

  • You submit the wrong documents to us

  • You submit incomplete or inaccurate instructions about how your document should be printed, including but not limited to the size, quantity, and type of print material to be used

  • You are not present at the time of delivery or gave incorrect delivery location details

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(iii) 100% Refund Conditions

100% refunds are applicable for the following condition(s):

  • You wish to cancel your order within 24 hours of payment for the service.

  • We do not print your order within the stipulated turnaround time provided that you submitted any requested information promptly.

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(iv) 80% Refund Conditions

80% refunds are applicable for the following condition(s):

  • You wish to cancel your order after 24 hours have elapsed since making your payment and submitted your request to support@thegrowthvine.com 

 

f) Website Building

It is important to note that each website we build is tailored specifically to the needs of our clients. Consequently, we negotiate and finalize a separate contract that outlines the specific terms and conditions applicable to your website. This contract is signed by both parties to ensure clarity and mutual understanding.

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We encourage you to thoroughly review your website building contract and reach out to us with any questions or concerns you may have. Please keep in mind that your website building contract does not supersede these Terms as mentioned in the Introduction. Rather, these Terms should be interpreted and applied alongside the website building contract you have established with us.

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Please ensure that you understand these terms before proceeding with your order.

8. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

 

As a user of the Services, you agree not to:

  • Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

  • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.

  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.

  • Use any information obtained from the Services in order to harass, abuse, or harm another person.

  • Make improper use of our support services or submit false reports of abuse or misconduct.

  • Use the Services in a manner inconsistent with any applicable laws or regulations.

  • Engage in unauthorised framing of or linking to the Services.

  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.

  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

  • Delete the copyright or other proprietary rights notice from any Content.

  • Attempt to impersonate another user or person or use the username of another user.

  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ('gifs'), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as 'spyware' or 'passive collection mechanisms' or 'pcms').

  • Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.

  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.

  • Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.

  • Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.

  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorised script or other software.

  • Use a buying agent or purchasing agent to make purchases on the Services.

  • Make any unauthorised use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.

  • Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavour or commercial enterprise.

  • Sell or otherwise transfer your profile.

9. Beta Services

We may release services that are still in development (“Beta Services”). Those Services will be marked as beta and may not be as reliable or work as well as our other Services. As the Beta Services are experimental, The Growth Vine will have no liability for the outcome of your use of our Beta Services. The Growth Vine may choose to change how the Beta Services are being done or discontinue them.

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We may request information from you about the use of our Beta Services, including but not limited to any suggestions for enhancements, feedback, and concerns (“Feedback”). You acknowledge and agree that The Growth Vine may use or incorporate any Feedback into the Beta Services and/or other services without any attribution, compensation, or related obligation to you.

10. Contribution Licence

By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Feedback”), you agree to assign to us all intellectual property rights in such Feedback. You agree that we shall own these Feedback and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

11. The Use of AI Features

The Growth Vine may utilize Third-Party Services to deliver AI functionalities on the Site, including our AI Chat feature. By engaging with any AI functionalities on the Site, you confirm that you have read, understood, and accepted the AI policies of the Third-Party Services involved. 

 

It is important to acknowledge that AI technology can exhibit unpredictability and may not always provide accurate information. As such, any output generated (“output”) from the AI features should not be construed as representing the views of The Growth Vine. The Growth Vine disclaims any liability for inaccuracies, biases, or any other elements of the output that you may receive. 

12. Third-Party Websites and Content

The Services may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Examples of Third-Party Websites include but are not limited to social media platforms, integrations, and Payment Processors. Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party 

Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. 

 

If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

It is important to acknowledge that AI technology can exhibit unpredictability and may not always provide accurate information. As such, any output generated (“output”) from the AI features should not be construed as representing the views of The Growth Vine. The Growth Vine disclaims any liability for inaccuracies, biases, or any other elements of the output that you may receive. 

13. Services Management

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Feedback or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

14. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy at https://www.thegrowthvine.com/privacy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms. 

15. Term and Termination

These Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE Terms, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE Terms OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

 

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, without limitation, pursuing civil, criminal, and injunctive redress.

16. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

 

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

17. Governing Law

These Terms shall be governed by and defined following the laws of Jamaica. The Growth Vine and yourself irrevocably consent that the courts of Jamaica shall have exclusive jurisdiction to resolve any dispute that may arise in connection with these Terms.

18. Dispute Resolution

a) Binding Arbitration
Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause. The number of arbitrators shall be three (3). The seat, or legal place, or arbitration shall be Kingston, Jamaica. The language of the proceedings shall be English. The governing law of these Terms shall be the substantive law of Jamaica.

b) Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilise class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

c) Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorised use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

19. Changes to the Services

The Growth Vine may add, modify, or remove features to the Services or discontinue the Services altogether at any time. We reserve the right to correct any inaccuracies or omissions and to change or update the information on the Services at any time without prior notice.

20. Disclaimer

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

21. Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR $100.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

22. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

23. User Data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

24. Electronic Communications, Transactions and Signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

25. Text Messaging

We send text messages via SMS or WhatsApp to clients about their projects or if they have booked a meeting with us. If at any time you wish to stop receiving text messages from us, please notify us via email at support@thegrowthvine.com. Please be aware that message and data rates may apply to any text messages sent or received. The rates are determined by your carrier and the specifics of your mobile plan.

26. Changes To The Terms

Supplemental terms of use or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. In our sole discretion, we reserve the right to make changes or modifications to these Terms from time to time. We will alert you about any changes by updating the 'Last updated' date of these Terms, and you waive any right to receive specific notice of each such change. You are responsible for periodically reviewing these Terms to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Services after the date such revised Terms are posted.

27. Miscellaneous

These Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control including but not limited to natural disasters, civil war, terrorism, industrial action, martial law, outbreak of disease, and telecommunications failure.

 

If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms or use of the Services. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

28. Contact Us

If you have any questions regarding the Services or would like to receive further information regarding the use of the Services, please contact us at support@thegrowthvine.com. 

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