Terms

Last Updated 17 November  2019  

Welcome to GrowthPass! You see.. we don’t like showing you this serious side of us. But to keep our platform and services safe for you, and us, we’ve set a few terms that you have to agree on in order to access our website, platform, and services.

1. Agreement to Terms

1.1  Acceptance of Terms. These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and GrowthPass FZE (“we”, “us”), concerning your access to and use of the GrowthPass (https://www.growthpass.co/) website as well as any related applications (the “Site”, “Service”).

If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Site and Services and you must discontinue use immediately. We recommend that you print a copy of these Terms and Conditions for future reference.

1.2 Amendment of Terms. We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Site represents that you have accepted such changes.  

1.3  Future Updates. We may update or change the Site from time to time to reflect changes to our products, our users' needs and/or our business priorities.  

1.4  Applicable Law and Jurisdiction. United Arab Emirates is our Country of Domicile. GrowthPass controls this Site from the U.A.E. Our site is directed to people residing in the United Arab Emirates. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

The Laws of the United Arab Emirates shall govern the use of the Site and the Terms of Use, without regard to conflict of laws principals. All disputes arising in connection therewith shall be heard only by a court of competent jurisdiction in U.A.E.

1.5 Office Foreign Assets Control (OFAC) Sanctioned Countries. GrowthPass will not trade with or provide any services to individuals and companies owned or controlled by, or acting for or on behalf of, OFAC targeted countries AND individuals, groups, and entities, such as terrorists and narcotics traffickers designated under the OFAC programs that are not country-specific.

2. GrowthPass Platform

2.1 GrowthPass Platform. The Site (“Service”) provides an Online Platform that has resources and features to facilitate organizing self-growth and upskilling events (“Events”). You agree that by accessing the Site and/or Services, you have read, understood, and agree to be bound by all of these Terms and Conditions. You agree that by accessing the Site and/or Services, you have read, understood, and agree to be bound by all of these Terms and Conditions.

2.2  GrowthPass Users. When these Terms use the term "Event Organizer," we mean users who list events using the Services to create Events displayed on the Services for consumers using our Services (a) to consume information about or attend Events ("Consumers"), or (b) for any other reason. Event Organizers, Consumers and third parties using our Services are all referred to in these Terms collectively as "users," "you" or "your." 

2.3  Eligibility. The Site is intended for users who are at least 18 years old.  If you are under the age of 18, you are not permitted to register for the Site or use the Services without parental permission. 

3. GrowthPass Payments

3.1 Event Pricing. Event Organizers have full control over choosing the price of their individual event (the “Pass Price”). We do not represent or acknowledge and cannot ensure that an Event organizer is legitimate, truthful, or qualified to organize the event, or that you (the “Consumer”) will be satisfied with how your payment is spent.

3.2 Event Listing Fees. GrowthPass charges the Event Organizer a fee for each (“Pass”) (registered and paid event participant) sold on the GrowthPass Platform. These fees are meant, on average, to defray certain costs incurred by GrowthPass, but may in some cases include an element of profit and in some cases include an element of loss. GrowthPass does not control (and thus cannot disclose) fees levied by your bank and/or credit card company, including fees for purchasing passes and registrations in foreign currencies. Be sure to check with your bank or credit card company prior to engaging in a transaction to understand all applicable fees, credit card surcharges, and currency conversion rates. 

You (the “Event organizer”) agree that the fees charged by GrowthPass are always fully absorbed by You and are automatically deducted from Your payout. No fees are charged for listing free events or registering for a free event.

If we introduce a new fee, we will establish and notify you (the “Event Organizer”) of the fees for that service at the launch of the service or start of charging the new fee. If we notify you of new fees or change the fees for an existing service, you agree to pay all fees and charges specified.

3.3 Event Pass Purchases. GrowthPass handless the payments made between the Event Organizer and Consumer. If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection. 

Consumers must pay the Pass Price with a valid credit card in full payment. GrowthPass accepts payment by Visa or Mastercard debit and credit cards in AED and USD for its products and services. Cardholder must retain a copy of transaction records and Merchant policies and rules.

3.4 GrowthPass Payment to Event Organizers. The payment method by which we pay our Event Organizer is via Wire Transfer. The Event Organizer’s (“Net Sale Proceeds”) will be paid to their bank within 5 business days after the successful completion of the event. Net Sales Proceeds can be credited only to bank accounts in the UAE. We shall not be liable for any incorrect bank account details provided by you, and the consequences thereof. We shall not be liable if your payment account can receive incoming payments.

3.5 Refunds. GrowthPass allows refunds in the case a Consumer purchases a Pass to a paid event. All refunds will be made onto the original mode of payment.

If you are a Consumer receiving a refund, you acknowledge that you will discard any Pass that we have delivered to you, and will not use it (or any copy of it) to attend the event. Violation of the foregoing constitutes fraud.

If you are an Event Organizer, you acknowledge that the applicable procedure to check the validity of the pass must always be followed. You acknowledge that the applicable procedure to check the validity of the ticket must always be followed.

GrowthPass will not be held liable under any circumstances for any costs arisen from non-compliance by Event Organizers with applicable procedures that must be implemented by Organizers to check the validity of passes.

GrowthPass will not be held liable under any circumstances for costs and/or damage associated with passes arisen from situations with fraud and/or for damage associated with the purchase of the pass through non-official means, such as third parties.

3.6 Trials. From time to time we may offer Trials to Event Organizers. Trials will have the duration and pricing communicated at the time you receive the Trial via email from a GrowthPass representative. Trials start at the time they are communicated to the Event Organizer via email. Once the Trial ends, the fees will be applicable and charged again. It is the Event organizer’s responsibility to remember when their Trial ends.

GrowtsPass reserves the right, in its absolute discretion, to determine your eligibility for a Trial. If in our discretion we believe you (the “Event Organizer”) are not eligible for a Trial, we reserve the right to not reach out to you to offer you the Trial offer. If we terminate your Trial because you have violated these Terms, you understand that you will not be eligible for a refund.

4. Your Information

4.1 Information You Provide to Us. If you use our Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account from any devices, and you agree to accept responsibility for all activities that occur under your account or password. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

You represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete and relate to you and not a third party; (b) you will maintain the accuracy of such information and promptly update such information as necessary; (c) you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account from any devices; (d) and you agree to accept responsibility for all activities that occur under your account or password; (e) you have the legal capacity and you agree to comply with these Terms and Conditions.

If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account. We may remove or change a user name you select if we determine that such user name is inappropriate.  

If you are using the Services on behalf of a company or other entity, you represent and warrant that you have the authority to legally bind that entity and grant GrowthPass all permissions and licenses provided in these Terms.

We do not claim ownership of Your Information. However, to enable us to provide you (the “Consumer”) with our services, we may share your Contact Information (name, and email address) with an Event Organizer when you purchase a Pass to attend their event.

If you know or suspect that anyone other than you knows your user information (such as an identification code or user name) and/or password you must promptly notify us at hello@growthpass.co. 

4.2 Information Event Organizers Collect from Consumers. If you are an Event Organizer, you represent, warrant and agree that (a) you will at all times comply with all applicable local laws, rules and regulations with respect to information you collect from (or receive about) Consumers, and (b) you will at all times comply with any applicable policies posted on the Services with respect to information you collect from (or receive about) consumers.

4.3 Consent to Disclosure. You acknowledge and agree that GrowthPass may disclose Information and Content (See Section 4) you provide to us if required to do so by law or as GrowthPass reasonably believes is necessary to: (a) comply with a current judicial proceeding, a court order, or legal process served on us or our website, (b) enforce this Agreement, (c) respond to claims that Information you provide to us violates the rights of third parties; (d) protect the rights, property, or personal safety of GrowthPass, its employees, users, and the public. We also may disclose any information about you to law enforcement or other government officials as we, in our sole and absolute discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or that we believe may expose us or you to legal liability.

5. Your Content

5.1  License. There may be opportunities for you to post content to the Site or send feedback to us (“User Content”). You understand and agree that your User Content may be viewed by other users on the Site, and that they may be able to see who has posted that User Content.  

You further agree that we can use your User Content for any other purposes whatsoever in perpetuity without payment to you, and combine your User Content with other content for use within the Site and otherwise. We do not have to attribute your User Content to you.   

We are not responsible and accept no liability for any User Content including any such content that contains incorrect information or is defamatory or loss of User Content. We accept no obligation to screen, edit or monitor any User Content but we reserve the right to remove, screen and/or edit any User Content without notice and at any time. User Content has not been verified or approved by us and the views expressed by other users on the Site do not represent our views or values.

5.2 Rules About Your Content. By listing an event on GrowthPass, Event Organizers assume full responsibility for the content of the Event offered. Event Organizers understand that all content, images, and venues are publicly available to be viewed, acted upon and booked by any Consumer. Please refrain from posting your email address or phone number in your event listing to avoid spam and confusion caused by Consumers contacting you directly. Any action or communication that directs GrowthPass consumers to book directly to avoid paying a fee to GrowthPass is grounds for removal from the Site.

5.3 Verified Accounts. Some Event Organizer accounts are verified by GrowthPass to let Consumers know that they're authentic and credible. If an account is verified, a verified badge will appear next to their name in search and on their profile. In order to verify an Event Organizer account, we crowd-source reviews and ratings from the Consumers who have attended their Event and use this data to grant them the verified badge.

If you are an Event Organizer, you agree that we reserve the right to; (a) collect ratings and reviews about you; (b) remove your verified badge (if applicable) at any time if you; (a) violate the Terms; (b) advertise, transfer or sell your verified account.

If you are a Consumer, you may be required to rate your experience with an Event Organizer and their Event.

5.4 Site Management. We reserve the right at our sole discretion, to (1) monitor the Site for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any of your Contributions; (4) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.

We do not guarantee that the Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access the Site and you should use your own virus protection software.  

If you wish to complain about User Content uploaded by other users please contact us at hello@growthpass.co.   

6. Our Content

6.1  License to Services. Unless otherwise indicated, the Site and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (“Our Content”) are owned or licensed to us, and are protected by copyright and trademark laws. 

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

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

We shall (a) prepare the Site and Our Content with reasonable skill and care; and (b) use industry-standard virus detection software to try to block the uploading of content to the Site that contains viruses.

6.2  Restrictions. Except as expressly provided in these Terms and Conditions, no part of the Site, Services or Our Content 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. 

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and Our Content and to 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.   

You shall not (a) try to gain unauthorized access to the Site or any networks, servers or computer systems connected to the Site; and/or (b) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the Site or Our Content, including the modification of the paper or digital copies you may have downloaded.

7. Communications

7.1 GrowthPass Communications. You understand that certain communications, such as GrowthPass service announcements and newsletters, as well as offers of sponsorship or promotion relevant and beneficial to you, are part of Our Services. By using Our Services, you expressly agree to receive such communications from GrowthPass. You may manage your subscriptions to GrowthPass communications by clicking “unsubscribe” at the bottom of email newsletters; however, some basic communications are a necessary part of Our Services and may not be disabled.

7.2 Rules for Event Organizer Communications. We may share Consumer Contact Information with Event Organizers as part of our features. You (the “Event Organizer”) must agree that; (a) you have the right and authority to send emails to the addresses we provide you; (b) your emails are not sent in violation of any privacy policy under which the recipient emails were gathered; (c) you will use the provided email addresses in compliance with all applicable local, national and other laws, rules and regulations, including those relating to spam and email marketing; (d) you will only use the email addresses to advertise, promote and/or manage a bona fide event listed on the Services; (e) your use of the email addresses and the content of your emails complies these Terms; (f) you will not use false or misleading headers or deceptive subject lines in emails sent using the email addresses; (g) you will respond immediately and in accordance with instructions to any Consumer sent to you by GrowthPass requesting you to modify such Consumer's email preferences; (h) you will provide an accessible and unconditional unsubscribe link for inclusion in every email where one is required, and you will not send any emails to any recipient who has unsubscribed from your mailing list.

If you violate any of these rules (provided in Section 7.2) or if your use of the email addresses results in bounce rates, complaint rates or unsubscribe requests in excess of industry standards or if your emails cause disruption to the Services, GrowthPass may (without limitation of any other legal or contractual remedies it has) limit or suspend your access to Consumer email addresses.

8. Prohibited Conduct

You may not access or use the Site for any purpose other than that for which we make the site and our services available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of this Site, you agree not to:

- Systematically retrieve data or other content from the Site to a compiled database or directory without written permission from us  

- Use a buying agent or purchasing agent to make purchases on the Site  

- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use  

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

- Make improper use of our support services, or submit false reports of abuse or misconduct  

- 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  

- Interfere with, disrupt, or create an undue burden on the Site or the networks and services connected to the Site  

- Attempt to impersonate another user or person, or use the username of another user  

- Sell or otherwise transfer your profile  

- Use any information obtained from the Site in order to harass, abuse, or harm another person  

- Use the Site or our content as part of any effort to compete with us or to create a revenue-generating endeavor or commercial enterprise  

- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site  

- Attempt to access any portions of the Site that you are restricted from accessing  

- Harass, annoy, intimidate, or threaten any of our employees, agents, or other users  

- Delete the copyright or other proprietary rights notice from any of the content  

- Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code  

- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site, or any material that acts as a passive or active information collection or transmission mechanism  

- Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools  

- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site  

- Use the Site in a manner inconsistent with any applicable laws or regulations  

- Threaten users with negative feedback or offering services solely to give positive feedback to users  

- Misrepresent experience, skills, or information about a User 

- Falsely imply a relationship with us or another company with whom you do not have a relationship   

9. Release and Indemnification

9.1 Release. GrowthPass provides an online platform providing resources and features to facilitate organizing self-growth and upskilling events (“Services”). The Events are solely arranged by Event Organizers and may take place in a physical meeting at different venues and locations. We are not involved in any way with the actions of any individuals at these Events and meetings. As a result, we have no control over the identity, actions or omissions, whether negligent, grossly negligent, reckless, or intentional, of the individuals who are present at these Events, and we request that our users exercise caution and good judgment when attending these Events. You agree to release GrowthPass from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third party (including other Users) in connection with the Services or any event listed on the Services.

9.2 Indemnification. You agree to indemnify and hold GrowthPass and each of its and their respective officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third-party partners, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys' and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any third party (each a "Claim") relating to or arising out of: (a) your breach of these Terms or (b) your violation of any applicable local, national or other law, rule or regulation or the rights of any third party.

10. Privacy

GrowthPass collects registration and other information about you through the Platform. Our collection, use, and disclosure of this information is governed by the terms stated within this Terms and Conditions Agreement and Privacy Policy.

11. Link to Third-Party Content  

The Site may contain links to websites or applications operated by third parties. We do not have any influence or control over any such third-party websites or applications or the third party operator. We are not responsible for and do not endorse any third-party websites or applications or their availability or content.

We accept no responsibility for adverts contained within the Site. If you agree to purchase goods and/or services from any third party who advertises in the Site, you do so at your own risk. The advertiser, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.  

12. Disclaimer/Limitation of Liability     

12.1  Disclaimer. The Site and Services are provided on an as-is and as-available basis. You agree that your use of the Site and/or Services will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Site and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.  

We make no warranties or representations about the accuracy or completeness of the Site’s content and are not liable for any (1) errors or omissions in content: (2) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the site or services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control. 

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

If we fail to comply with these Terms and Conditions, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions, but we would not be responsible for any loss or damage that were not foreseeable at the time you started using the Site/Services.

If you are an Event Organizer, we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: 

- use of, or inability to use, our Site/Services; or  

- use of or reliance on any content displayed on our Site. 

- loss of profits, sales, business, or revenue;  

- business interruption;  

- loss of anticipated savings;  

- loss of business opportunity, goodwill or reputation; or  

- any indirect or consequential loss or damage.    

Notwithstanding anything to the contrary contained in the Disclaimer/Limitation of Liability section, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the greater of (a) the amount of fees, if any, you pay to us in the twelve (12) months prior to the action giving rise to liability, and (b) AED300.

13. Modifications to and Availability of the Site   

13.1 Modifications. We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.    

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.  

13.2 Availability. We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services. We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases. 

14. Term and Termination 

14.1  These Terms and Conditions shall remain in full force and effect while you use the Site or Services or are otherwise a user of the Site, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at hello@growthpass.co.  

14.2  Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation.  

If we determine, in our sole discretion, that your use of the Site/Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Site and the Services or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion.  

14.3  If we terminate or suspend your account for any reason set out in this section, 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.   

15. General

15.1  Visiting the Site, 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 Site, 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 Site. 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 other than electronic means.  

15.2  These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us.   

15.3  Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.   

15.4  We may assign any or all of our rights and obligations to others at any time.   

15.5  We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.   

15.6  If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.  

15.7  There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site or Services. 

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us by email at hello@growthpass.co.