1.1 https://www.growthval.com/ (our “site”) and the Growthval Platform/web-based app (our “platform”) is operated by GROWTHVAL LIMITED (“we”, “us”, “our”). We assist businesses, founders and investors to discover the value of a business through using our platform which creates an automated valuation report (“reports”, the “services”).
1.2 We are registered in England and Wales under company number 13119839 and have our registered office at 71-75 Shelton Street, London, Greater London, United Kingdom, WC2H 9JQ. We are a limited company.
1.3 To contact us, please email hello@growthval.com.
2.1 By using our site and/or platform, you confirm that you accept theseterms of use and that you agree to comply with them. If you do notagree to these terms, you must not use our site and/or platform.
2.2 We recommend that you print a copy of these terms for future reference. These terms apply to your use of the site and/or platform, including use made available to you free of charge.
3.1 These terms of use refer to our Privacy Policy: https://www.growthval.com/privacy-policy. See further under “How we may use your personal information”.
4.1 We amend these terms from time to time. Every time you wish to use our site and/or platform, please check these terms to ensure you understand the terms that apply at that time.
5.1 We may update and change our site and/or platform from time to time to reflect changes to our services, our clients' needs and our business priorities. We will try to give you reasonable notice of any major changes.
6.1 Some parts of our site and/or platform are made available free of charge. Our site and platform is provided on an “as is” basis.
6.2 We do not warrant or represent that:
6.2.1 your use of the platform and services will be uninterrupted or error-free
6.2.2 that the platform, services and/or the information (including the reports) obtained by you through the same will meet your requirements or that our data, calculations, concepts and methods will be accurate and/or complete; or
6.2.3 that the platform and services will be free from viruses.
6.3 These terms shall not prevent us from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under these terms.
7.1 We reserve the right, without liability or prejudice to our other rights to you, to disable your access to the services and/or any material anytime.
7.2 You shall not:
7.2.1 except as may be allowed by any applicable law which is incapable of exclusion by agreement between us and except to the extent expressly permitted under these terms:
7.2.1.1 attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the platform in any form or media or by any means; or
7.2.1.2 attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the platform
7.2.2 access all or any part of the services or platform in order to build a product or service which competes with the services
7.2.3 use the service/platform to provide services to third parties
7.2.4 license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the platform available to any third party; or
7.2.5 attempt to obtain, or assist third parties in obtaining, access to the services.
7.3 You are also responsible for ensuring that all persons who access our site and/or platform through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
8.1 We may suspend or withdraw or restrict the availability of all or any part of our site and/or platform:
8.1.1 for business and operational reasons
8.1.2 where you breach Clause 7. above; or
8.1.3 where you have materially breached any other terms
9.1 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
10.1 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
11.1 This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
12.1 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.
12.2 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.
12.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at hello@growthval.com.
13.1 We are the owner or the licensee of all intellectual property rights in our site and/or platform (and in the materials published on them) including but not limited to, any related methodologies, calculations and code and any intellectual property rights arising from your use of the site, platform and/or services (including reports produced as a result of your use). Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
13.2 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. Our status (and that of any identified contributors) as the authors of content on our site and/or platform must always be acknowledged.
13.3 You must not use any part of the content on our site and/or platform for commercial purposes without obtaining a licence to do so from us or our licensors.
13.4 If you print off, copy or download any part of our site and/or platform in breach of these terms of use, your right to use our site and/or platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
14.1 Although we make reasonable efforts to update the information on our site and/or platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our site and/or platform is accurate, complete or up to date.
15.1 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.
15.2 Subject to Clause 15.1 above, we exclude all implied conditions, warranties, representations or other terms that may apply to our site and/or platform or any content on it. You assumes sole responsibility for results obtained from your use of the platform and services (including the reports) and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information provided to us by you in connection with the services. By using our site and/or platform, you acknowledge that we are not certified valuers. The content on our site and/or platform is provided for general information only and primarily to assist businesses, founders and investors to discover the value of a business through using our software which creates an automated valuation report. 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 and/or platform. Although we make reasonable efforts to update the information on our site and/or platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our site and/or platform is accurate, complete or up to date.
15.3 Subject to Clause 15.1 and 15.2:
15.3.1 we shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under these terms; and
15.3.2 subject to Clause 15.3.1 our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of these terms shall be limited to the total fees paid by you to us for the services.
16.1 We will only use your personal information as set out in our Privacy Policy, see here: https://www.growthval.com/privacy-policy.
17.1 Any content you upload to our site and/or platform (including information you provide in order for us to generate automated valuation reports) will be considered non-confidential and non-proprietary and you warrant that such content is complete and accurate. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site and/or platform a limited licence to use, store and copy that content and to distribute and make it available to third parties.
17.2 When you upload content to our site and/or platform, you grant us a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute and prepare derivative works of that content for the purpose of providing the services and producing the reports.
17.3 We also 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 and/or platform constitutes a violation of their intellectual property rights, or of their right to privacy.
17.4 We have the right to remove any of your content on our site and/or platform. You are solely responsible for securing and backing up your content.
18.1 The price of our service will be the price indicated on the order page when you place the order for our service. We shall request payment for use of our service upon checkout. Following a successful payment,your [3 day access] to our service will then commence.
19.1 If you have any questions or complaints about our services, please contact us at hello@growthval.com. Although we do not generally provide refunds, in exceptional circumstances we may.
20.1 To end your contract with us, please let us know by notifying us at hello@growthval.com
20.2 Without affecting any other right or remedy available to us, we may terminate these terms with immediate effect by giving written notice if:
20.2.1 you fail to pay any amount due under these terms on the due date for payment; or
20.2.2 you commit a material breach of any of these terms (including, but not limited to, those found at Clause 7.) and (if such breach is remediable) fail to remedy that breach within a period of 14 days after being notified in writing to do so.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful,the remaining paragraphs will remain in full force and effect.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
These terms of use, their subject matter and their formation (and any non-contractual disputes or claims), are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.
