Terms of service
OVERVIEW
This website is operated by Grow By Email. Throughout the site, the terms “we”, “us” and “our” refer to Grow By Email. Grow By Email offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
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SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
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SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
Headings are included for convenience only and will not limit or otherwise affect these Terms.
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SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. Material on this site is provided for general information only and should not be relied upon as the sole basis for decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance is at your own risk.
This site may contain certain historical information. Historical information is not current and is provided for your reference only. We reserve the right to modify contents at any time, but have no obligation to update information. You agree it is your responsibility to monitor changes.
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SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products and Services are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part/content thereof) without notice.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
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SECTION 5 - PRODUCTS OR SERVICES
Certain products or Services may be available exclusively online. These may have limited quantities and are subject to return or exchange only according to our Refund Policy: https://growbyemail.com/pages/refund-policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store; we cannot guarantee your monitor’s display.
We reserve the right—but are not obligated—to limit the sales of our products or Services to any person, geographic region or jurisdiction and to limit quantities. All descriptions and pricing are subject to change at any time without notice. We reserve the right to discontinue any product at any time.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
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SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may 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 credit card, and/or using the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you via the e-mail and/or billing address/phone number provided. We may limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases. You agree to promptly update your account and other information, including your email address and credit card numbers/expiration dates, so we can complete your transactions and contact you as needed.
For more details, please review our Refund Policy: https://growbyemail.com/pages/refund-policy.
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SECTION 7 - OPTIONAL TOOLS
We may provide access to third-party tools over which we neither monitor nor have any control. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion.
We may also offer new Services/features in the future (including new tools/resources); such new features and/or Services shall also be subject to these Terms.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third parties. Third-party links may direct you to websites not affiliated with us. We are not responsible for examining or evaluating content or accuracy and we do not warrant and will not have any liability or responsibility for third-party materials or websites.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any transactions made in connection with any third-party websites. Review third-party policies and practices carefully. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
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SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send submissions (e.g., contest entries) or without a request you send ideas, suggestions, proposals, plans, or other materials (collectively, “comments”), you agree we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments you forward to us. We are under no obligation (1) to maintain comments in confidence; (2) to pay compensation; or (3) to respond.
We may, but have no obligation to, monitor, edit or remove content we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or in violation of any party’s intellectual property or these Terms.
You agree your comments will not violate any right of any third party and will not contain unlawful, abusive or obscene material, or malware. You may not use a false e-mail address or mislead as to the origin of any comments. You are solely responsible for comments you make and their accuracy.
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SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy: https://growbyemail.com/policies/privacy-policy.
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SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct errors/inaccuracies/omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after order submission).
We undertake no obligation to update, amend or clarify information, including pricing information, except as required by law.
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SECTION 12 - PROHIBITED USES
In addition to other prohibitions set forth in the Terms, you are prohibited from using the site or its content for: (a) unlawful purposes; (b) soliciting unlawful acts; (c) violating regulations, rules, laws, or ordinances; (d) infringing our or others’ intellectual property rights; (e) harassment/abuse/insult/harm/defamation/disparagement/intimidation/discrimination; (f) submitting false or misleading information; (g) uploading or transmitting malware; (h) collecting or tracking personal information; (i) spamming/phishing/pharming/pretexting/spidering/crawling/scraping; (j) obscene or immoral purposes; or (k) interfering with or circumventing security features. We reserve the right to terminate your use for violations.
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SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that results from use of the Service will be accurate or reliable.
You agree we may remove the Service for indefinite periods or cancel the Service at any time, without notice.
You expressly agree your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you are provided “as is” and “as available,” without any representations, warranties or conditions of any kind, express or implied, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Grow By Email, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct/indirect/incidental/punitive/special/consequential damages of any kind (including lost profits, revenue, savings, data, replacement costs), whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any Service or product, or for any other claim related in any way to your use of the Service or any product. Some jurisdictions do not allow the exclusion/limitation of liability for consequential or incidental damages; in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Grow By Email and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 15 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed; such determination shall not affect the validity and enforceability of any other remaining provisions.
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SECTION 16 - TERMINATION
Obligations and liabilities incurred prior to termination shall survive termination.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect you have failed, to comply with any term or provision, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or we may deny you access to our Services (or any part thereof).
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SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior agreements, communications and proposals (oral or written).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
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SECTION 18 - GOVERNING LAW
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United Arab Emirates.
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SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes constitutes acceptance of those changes.
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SECTION 20 - CONTACT INFORMATION
Questions about the Terms should be sent to: info@growbyemail.com.
SECTION 21 - REFUNDS, SUBSCRIPTIONS & CANCELLATIONSÂ
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Non-Refundable Services: All services are non-refundable due to the personalized nature of creative and manual work.
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Revisions: If you are not satisfied with deliverables, we do not offer refunds but will implement reasonable revisions within scope. Approval of deliverables is final.
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Subscriptions/Renewals: All subscription/retainer services auto-renew monthly unless canceled prior to renewal. Once renewed, the period is non-refundable.
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Cancellation: You may cancel at any time via your account/portal (or by written notice where applicable). Prorated refunds are not issued for early cancellations.
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Usage: Failure to use the Service does not warrant refunds or credits.
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Results: We do not guarantee marketing results (e.g., revenue, growth, engagement). You are paying for creative and strategic deliverables produced from your brief and feedback.
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Technical Issues & Posting/Scheduling: Scheduling/posting is provided as a value-add where applicable; technical or platform issues do not warrant refunds.
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Delays: Client-side delays do not warrant refunds or schedule extensions. If delays are on our side, we may extend timelines/billing dates as a courtesy.
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Resellers/White-Label: Non-payment by your end-client does not entitle you to a refund.
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Disputes: Opening a payment dispute halts all work and access. We reserve all rights and remedies described in our Refund Policy.
For full details, please review our Refund Policy: https://growbyemail.com/pages/refund-policy.
