TERMS AND CONDITIONS
Last updated: 2023-02-13
1. Introduction
Welcome to Grow More Services (“Company”, “we”, “our”, “us”)!
These Terms of Service (“Terms”, “Terms of Service”) govern your use of our website located at needgrowmore.com (together or individually “Service”) operated by Grow More Services.
Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages.
Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound of them.
If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at trygrowmore@gmail.com so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.
2. Services
a. The Service www.needgrowmore.com (the “Site”) and the associated mobile application (“Mobile App”) (collectively the “Platform”) connects entities who need to ship goods (“customer”) collectively, with all services provided on the site and mobile app, the “Service(s)”. Certain features of the Platform and the Service may or may not be subject to few additional guidelines, terms, or rules, which will be provided in connection with such features. All the additional terminology, guidelines, and rules are incorporated by reference into T&Cs as required. b. Definitions: (a) Order: it is defined as a request for transportation services submitted by the customer (b) Goods: equipment to be transported
3. General Brokerage Terms
a. It is expressly defined that customers, drivers (Guides) understand and agree that Grow More Services functions as an independent entity not as a carrier, in selling, negotiating, providing, and arranging transport for compensation. b. Shipping carriage: Grow More Services will explicitly enter, mutual contracts with each order. Such agreements shall comply with all applicable national and state regulations and must include the following provisions: (a) customers, transporters, drivers shall agree to defend, indemnify and hold Grow More Services harmless from all damages, claims or losses that may arise out, including goods loss and damage, theft, delay, damage to property, and personal injury or death. c. Each order using the Grow More Services Platform will be subject to a Service Agreement which shall incorporate the terms set forth herein in full and other terms and conditions necessary to complete the service. d. Receipts and Bills: If requested Grow More Services agrees to provide you with proof of acceptance and delivery of goods in the form of a signed bill as specified. The terms and conditions of any freight documentation used by Grow More Services cannot be edited, altered, or modified. e. Transit insurance is the responsibility of the customer.
4. General Carrier Terms
a. Documentation: The parties (customers, transporters, drivers) will utilize the order documentation forms (electronic or otherwise) as provided by the platform. The terms and conditions of this Agreement shall prevail over those appearing on that form or any other form(s) used by the parties during the pick-up and delivery of goods.
4. Transporter Obligations
a. Transporter shall be responsible to Grow More Services for timely and accurate delivery instructions and description of the shipment, including any special handling requirements by the customer. b. Transporter shall solely be responsible for loading, unloading, of the goods for safe transportation. c. Transporters are responsible to maintain the goods in safe condition till delivery in compliance with all applicable laws and regulations. d. Transporter agrees to furnish any information or documents as necessary to comply with Laws. Any agent acting on behalf of Shipper in scheduling shipments or undertaking any other performance hereunder warrants and represents that it has the right to act on behalf of and legally bind Shipper. Grow More Services assumes no liability for any loss or expense due to the failure of Shipper to comply with this paragraph. e. Transporter explicitly waives and releases Grow More Services from all liability for any loss, damage or injury to their property, or amenities.
5. Limitations of Liability
Limitations of Liability (a) Until it is expressly written, Grow More Services ensures no warranties, direct or implied, including, without limitation with regard to consignments, goods in transit or with regard to the information provided on the platform. (b) Grow More Services shall not be liable for delay, or damages under any circumstances, unless agreed to between the parties before the trip, in writing and signed by an official representative of Grow More Services. Legal Restriction: In the event performance by one party is affected by any cause beyond the reasonable control of such party, including without limitation, fire, labour strike, insurrection, weather conditions, local or national commotions to transit operations, equipment repairs, fuel insufficiencies, or government regulations, unless the applicable cause is not attributable or omissions of such party, and such party is taking reasonable measures to eliminate or diminish the effects of the pertinent cause, then the running of all periods of time mentioned herein and the act of all obligations required herein shall be deferred during the continuance of the interruption, and such party shall immediately notify the other party. Such a period of holdup shall not in any way invalidate the T&Cs, nonetheless, on the recommencement of operations, any affected activity by the party shall take up again.
6. Claims:
Shipment claims: (a) Transporter must file claims for cargo loss, shortage or damage to Grow More Services within a month. Transporter must initiate the dispute resolution procedures delineated in the company policy as applicable within 6 months. (b) It is expressly understood and accepted that Grow More Services shall not be held liable for any loss, damage or delay in the transportation unless caused by company’s negligent act(s) or lapses in the performance. (c) Grow More Services shall not be liable to transporter or anyone else for any exceptional, incidental, or consequential damages that relate to loss, damage or delay to a shipment, unless transporter has informed, as applicable, in written or electronic form, erstwhile or when accepting an order or a series of orders of the potential nature, category and approximate value of any such damages, and Grow More Services, as applicable, specifically agrees in written or electronic form to accept responsibility for it. All Other Claims: All parties (transporter, drivers, customer) shall notify each other within thirty days of learning of any claims other than any loss or damage claims, and shall file such claims with the other party within 60 days from the date. Claims Related to an Invoice/Bill: Any dispute of invoice/bill shall be made in writing (email or otherwise), precisely indicating the nature of the dispute and deliver to Grow More Services, as applicable, within a month from the date of the invoice or any such dispute will be deemed surrendered and the invoice will be irrefutably presumed as valid.
7. Indemnification
Grow More Services shall indemnify, defend and save transporter, drivers, and employees, harmless from and against any liability, claims, loss, fines, penalties, expenses, conclusions, or demands on account or damage of any nature whatsoever, including but not limited to personal injury, property damage, goods damage, or any amalgamation thereof, underwent or claimed to have been suffered by any person(s) arising out of Grow More Service’s services provided in connection with this Agreement to the extent that such claim is caused by (i) the negligence (ii) deliberate misconduct (iii) Grow More Service’s employees violation of applicable rules and regulations or (iv) Grow More Service’s or its employee’s breach of this Agreement.
8. Communications
By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at trygrowmore@gmail.com.
9. Purchases
If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including but not limited to, your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
10. Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.
11. Refunds
We issue refunds for Contracts within 15 days of the original purchase of the Contract.
12. Content
Content found on or through this Service are the property of Grow More Services or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
13. Prohibited Uses
You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:
0.1. In any way that violates any applicable national or international law or regulation.
0.2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
0.3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
0.4. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
0.5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
0.6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.
Additionally, you agree not to:
0.1. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
0.2. Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
0.3. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
0.4. Use any device, software, or routine that interferes with the proper working of Service.
0.5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
0.6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
0.7. Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
0.8. Take any action that may damage or falsify Company rating.
0.9. Otherwise attempt to interfere with the proper working of Service.
8. Analytics
We may use third-party Service Providers to monitor and analyze the use of our Service.
14. No Use By Minors
Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.
15. Intellectual Property
Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Grow More Services and its licensors. Service is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of Grow More Services.
16. Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to trygrowmore@gmail.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.
17. DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
0.1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
0.2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
0.3. identification of the URL or other specific location on Service where the material that you claim is infringing is located;
0.4. your address, telephone number, and email address;
0.5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
0.6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at trygrowmore@gmail.com.
18. Error Reporting and Feedback
You may provide us either directly at trygrowmore@gmail.com or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
19. Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Grow More Services.
Grow More Services has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
For example, the outlined Terms of Use have been created using PolicyMaker.io, a free web application for generating high-quality legal documents. PolicyMaker’s Terms and Conditions generator is an easy-to-use free tool for creating an excellent standard Terms of Service template for a website, blog, e-commerce store or app.
YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.
20. Disclaimer Of Warranty
THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
21. Limitation Of Liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
22. Termination
We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.
If you wish to terminate your account, you may simply discontinue using Service.
All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
23. Governing Law
These Terms shall be governed and construed in accordance with the laws of USA Texas, which governing law applies to agreement without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
24. Changes To Service
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.
25. Amendments To Terms
We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.
26. Waiver And Severability
No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
27. Acknowledgement
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
28. Contact Us
Please send your feedback, comments, requests for technical support by email: trygrowmore@gmail.com.
These Terms of Service were created for needgrowmore.com by PolicyMaker.io on 2023-02-13.