1. THE PARTIES
1.2 Within the scope of these Terms the Company and the Users shall be referred as “Party” separately and as “Parties” collectively.
2. SUBJECT OF THE TERMS
The subject of these Terms is to determine the terms and conditions regarding the use of the Website and the data, research and reference materials (collectively referred to as “Data”) provided to the Users to be purchased via the Website and to regulate the rights and obligations of the Parties. All data purchased is delivered digitally. For a full description of our product go to growtheffekt.com.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1 The User shall comply with the Terms and other provisions that may be published on the Website from time to time and any and all applicable laws, in all their transactions via the Website and shall not act in a manner that may hinder the operation of the Website. The user shall comply with all provisions of the Non-solicited Pornography and Marketing Act of 2003 (“Can Spam Act”), General Data Protection Regulation (“GDPR”) and/or with any other applicable legislation (all shall be referred as “Applicable Laws”) related with his business activities.
3.2 The User shall be solely responsible for the use and management of any information that user obtain from Website and for keeping their password confidential and secure. The User shall be obliged to inform the Company of any unauthorised use of their username and password. Any activity carried out via the User’s account shall be considered as carried out by the User and the User shall be solely liable for the damages incurred by the User and/or third parties in consequence of the use of such information by any person other than the User, or loss or handover of such information. In the event that the User creates an account on behalf of an institute, institution or enterprise, they accept and undertake that they shall be vested with the necessary permission to represent the said institute, institution or enterprise. The User shall in no condition transfer the generated username, password and membership profiles to another user or authorise third persons to use such.
3.3 The Company is in his best efforts to be constantly compliant with the Applicable Laws, during its data collection and processing activities. Thus, in line with GDPR implications, the Company has implemented a “Legitimate Interest Assessment (“LIA”) test and will be updating this regularly. However, the Company shall not be liable in any way for the use or accuracy of the Data. The User shall be solely responsible for compliance with the Applicable Laws, including but not limited to the laws relating telemarketing, email, fax marketing, customer solicitation, data protection and privacy with regard to the use of the Data. The User shall bear any legal, administrative and criminal responsibility with regard to the use of the Data. The Company shall not be held responsible, directly or indirectly for any manner whatsoever, for damages that may be incurred by third parties in consequence of the activities of the User carried out via the Website or by using the Data and/or of their breach of these Terms or any applicable law. Any claims to be submitted by third parties within this scope, and damages that may arise from use of the Data by the User or failure of the User to perform their obligations specified in these Terms shall be recursed to the User to be paid upon first request. The User hereby indemnifies the Company in full for all unauthorised use of the Data.
3.4 The Company grants Users a non-exclusive, non-transferable license to use the Data subject to these Terms. Except to the extent specifically authorized in writing by the Company, the User shall not use any Data for consumer credit purposes, consumer insurance underwriting, employment purposes, tenant screening purposes, or for any other purpose(s) prohibited or limited by the applicable statute or regulations, shall not name the Company or its affiliated companies. The User is solely liable for any use of the Data.
3.5 The Company reserves the right to review materials used by the User in promotions to ensure that the use of the Data is both appropriate and in accordance with the permitted uses of the Data. However, the Company’s failure to review any such materials, or its failure to object to any use thereof, shall not constitute the Company’s acceptance of the materials or be considered as a waiver of any rights the Company may have or limit any obligations the User may have with regard to the use of the Data. The Company may also randomly monitor (through seeding and other means) the User’s use of the Data to ensure that the User’s use is in accordance with the permitted uses of the Data.
3.6 The User is strictly prohibited from reselling and/or publishing the Data or making the Data otherwise available to third parties (either fully or partially) in any way. The User shall only use the Data in accordance with the purpose of these Terms. The Data shall in no way be used to offer services competing with those offered by the Company, or in any other way that would compete with the Website.
3.7 The User agrees and accepts that the sale of the Data is final and non-refundable. The User enters into a binding purchase contract by processing their order. The User authorises the Company to charge them in full for any Data purchased via the Website. In addition to one-time or pay-as-you-go purchases, Company may also offer User the option to pre-pay by buying packs of credits that can be used in the future. The User enters into a binding purchase contract by processing their order and purchased credits are non-refundable. User may also have the option to enter into a subscription contract for a set term in which the user will be charged the current subscription rate and their account will be credited with the corresponding number of credits. If a User selects a subscription option, User enters into a binding purchase contract for the corresponding period of time by processing their order. Subsequent payments will automatically be billed to User’s provided method of payment on the anniversary of the subscription (e.g. each month for a monthly subscription or each year for an annual subscription). Additionally, User has the option to save their credit card information to their account to be used for any other purchases. All payments are processed by the Company’s third-party payment processor and payment information will also be stored by the payment processor. User understands and agrees that Company is not liable for the storage of information by the payment processor. The User further affirms that the name, personal and financial information provided before the sale are true and correct. The Company shall not be liable in the event that the Data is not usable as a result of its failure to duly provide the necessary information.
With regard to subscription packages, User will have the ability to enter into a contract to obtain a set number of credits per month for a designated period of months. For example, 10 credits per month for a period of 12 months for a total of 120 credits. User will be charged a total fee for the subscription plan that will be divided into monthly payments over the course of the subscription term. By enrolling in the subscription plan and submitting payment information, User agrees that Company may automatically bill User for the monthly subscription payment. Upon enrolling in the subscription plan, User enters into a binding contract for the full term of the subscription plan and is responsible for full payment of the total amount. If User fails to make the monthly payments, Company may take collections actions, including legal action, against User. No refunds are available for subscription plan purchases; however, credits do not expire.
3.8 All rights of the software, visuals and designs, texts, logos, graphics with respect to the Website shall belong to the Company. It is strictly prohibited to copy the information and/or software that are used in the design of the Website and/or use them beyond the benefit from the Website; copy, distribute, process and in other means use the pictures, texts, images, documents etc. on the Website. Additionally, it is strictly prohibited for the Users to (i) attempt any actions that may prevent the operation of software belonging to the Website or utilisation of the Website by the other users (ii) load content on the Website to burden the Website excessively; access to the content on the Website, or to copy, erase, change, such content, (iii) commit actions that might threaten the general security of the Website and/or harm the other Users; (iv) use or try to use the software that might prevent the operation of the Website and the software used, or hinder, result to break, reverse engineer, attack or, keep busy or invade in other means to the operation of any software, hardware and servers, or to make efforts to provide access to the Company’s servers.
3.11 The User accepts that the access to the Website may be blocked temporarily in order to apply the improvements and other changes in the Website.
4. LIMITATION OF LIABILITY
4.1 The Company shall not be liable directly or indirectly for any damages that may occur in consequence of the breach of contract, torts or any other reason that may arise from the access or use of the Website or of the Data, other data, programs etc. on the Website. The Company does not accept any liability on the issues where the transaction is interrupted, data is deleted or lost, the transaction or communication is delayed, and computer viruses, communication error, theft, annihilation or unauthorized access to the records, change or use of the records that may occur in consequence of the breach of these Terms, torts, omission or any other reasons. It shall be accepted that the Company is held harmless from any liabilities, claims and damages including court and other expenses that may arise from the access to the Website or other linked websites, from the use or visit of the Website, or use of the Data.
4.2 The User acknowledges and declares that links to the websites and/or platforms, files or contents which are not controlled by the Company may be given via the Website, third party services may be offered, and that such links shall not be considered as provided for purposes of support to the website or its operator, or as undertaking or guaranteeing anything with regard to the website or its content, the Company shall not be liable for the platforms, websites, files and contents, services or goods or for their content.
4.3 To the extent allowed by applicable law, the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, which may be incurred as a result of the use of the Website and Data, including but not limited to loss of profit, loss of goodwill or business reputation. The Company makes no warranty that the Data is useful for any particular purpose and the data is sole “as is.” Data, features and other contents on the Website are being offered “AS IS” and the Company does not provide any commitment or undertaking with regard to the authenticity, accuracy or security of such. Furthermore, the Company disclaims all warranties whether express or implied, including but not limited to the implied warranties and conditions of merchantability and fitness for a particular purpose or use or non-breach.
4.4 The User acknowledges and declares that the availability and quality of the Website and contents provided via the Website substantially depend upon the service quality provided by the relevant Internet Service Provider and that the Company is not responsible for any problems arising from such service quality, that they are aware that the operation of the Website is not error free and malfunction and blocked access may be occurred from time to time.
4.5 The User acknowledges that the Company does not guarantee the absence of viruses, worms or any other attacks and unauthorised access to the Website or transfers to or from the Website, and the Company shall not be obliged to provide support, maintenance, update or new versions with respect to the software.
6. SUSPENSION AND TERMINATION OF THE TERMS
6.1 The Company may suspend the User’s use and/or utilisation of the Website temporarily or permanently in the event that the User fails to comply with these Terms and other terms and rules published on the Website, that the User’s activities constitutes legal, technical and especially information security risks, the User harms the third parties’ individual and commercial rights. The User shall not claim any demands in this regard.
6.2 The Company may terminate or suspend the Website and/or these Terms, at any time for a definite or indefinite period.
7. DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND THE COMPANY HAVE AGAINST EACH OTHER ARE RESOLVED.
User and the Company agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of this Agreement your use of or access to the services, or any products or services sold or purchased through the services will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
7.1. Applicable Law
7.2. Agreement to Arbitrate
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org by calling the AAA at 1-800-778-7879. The use of the Word “arbitrator” in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration: rather, the AAA’s rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate. The Arbitration State be in Dolnośląskie województwo, Poland.
7.3. Costs of Arbitration
The costs of the arbitration include legal costs shall be paid by the losing party.
7.4. Contact Info
Growth Effekt Sp. z o. o.
Ul. Wyspa Słodowa 7
50-266 Wrocław, Poland