This User Agreement (“Agreement”) contains important information about your legal rights, remedies, and obligations, and is a legally binding agreement between you (“you” or “User”) and Growfh (“we”, or “us”), and to the extent expressly stated, Massive Ideas Pte Limited (“Massive Ideas Pte Ltd.”), governing your use of Growfh’s Site and Site Services (collectively, “Services”).
You understand that by using the Growfh Site or Site Services (which generally means using in any way our work marketplace Growfh.com or our applications), and by clicking accept when prompted on the Site, you agree to be bound by all agreements which constitute Growfh’s Terms of Service, and you agree that the “Terms of Service” means every agreement linked herein and includes the Fee and ACH Authorization Agreement, Privacy Policy, Terms of Use, applicable Instructions and this User Agreement, including Section 14 which contains an arbitration agreement and class action waiver that applies to claims brought against Growfhin the United States. You have an opportunity to opt out of arbitration as provided in Section 14. This Agreement also incorporates, for any User using the Growfh Direct Contract Service, Growfh Direct Contract Terms and Direct Contract Instructions, and for any User using the Any Hire Services, the Any Hire Terms and the Any Hire Instructions. You should read all of our terms carefully because you are promising not to break any agreements in the Terms of Service.
If you want to use our work marketplace or any of our services (which we refer to altogether as Services), whether just by looking around or by registering an account, you must first read and agree to this Agreement (including the dispute resolution and arbitration provisions in Section 14). If you don’t understand this Agreement or you don’t agree to all of its terms and conditions, you may not use our Services. If you do not understand or agree to this Agreement, do not click to accept this Agreement, “Sign Up”, “Create My Account”, or similar, and do not visit Growfh.com, use our mobile applications, or otherwise use our Services. If you are using our Services on behalf of a business or legal entity, you may only do so if you have authority to agree to the Terms of Service on behalf of that business or legal entity.
To make these terms a little easier to understand, we capitalize certain terms and capitalizing them means they have a special meaning. Section 16 provides the definitions of some capitalized terms and others are defined throughout the Terms of Service (look for quotation marks and bold font).
How you can register for an Growfh account and the different types of accounts that you can have.
You must register for an account to have full access to our Services, and your registration is subject to our approval.
You must register for an account with us (“Account”) to access and use certain portions of our Services. Registered users of our Services are “Users”, and unregistered users are “Site Visitors”.
Your Account registration is subject to approval by Growfh. We reserve the right to decline a registration either to join Growfh or to add an Account of any type, for any lawful reason, including supply and demand, cost to maintain data, or other business considerations.
You promise to use our Services for business purposes only. You also promise that you are eligible to enter into this Agreement, including because you are 18 years or older.
Growfh offers the Services for your business purposes only and not for personal or consumer use. By registering for an Account or by using our Services, you represent that you: (a) are doing business under your own name as a self-employed individual/sole proprietor or are an employee or agent of an independent business (such as a corporation, limited liability company, or other entity); (b) will use our Services for business purposes only; (c) will comply with any licensing, registration, or other requirements with respect to your business, or the business for which you are acting, and any offering or provision of Massive Ideas Pte Limited Services; and (d) are either a legal entity or an individual who is at least 18 years old (or the age of majority in your country if the age of majority is over 18), and that you can form legally binding contracts.
You must provide accurate personal information when you sign up and you must update your account if your personal information changes. We can suspend or terminate your account if the information you give us is false, outdated, or incomplete.
To register for an Account to use our Services, you must complete a User profile (“Profile”), which you consent to be shown to other Users and, unless you change your privacy settings, to be shown to the public. You agree to provide accurate and complete information on your Profile—and on all registration and other forms you access while using our Services or provide to us—and you agree to keep that information current. You agree not to provide any false or misleading information about your identity or location, your business, the beneficial owner(s) of your business, your skills, or the services your business provides, and you agree to correct any information that is or becomes false or misleading. We reserve the right to suspend or terminate the Account, or access to our Services, of anyone who provides false, inaccurate, or incomplete information in creating, marketing, or maintaining a Profile or an Account.
We offer 1 type of account (“Account”). Once you register for an Account, you promise to register for only one Account that requires a unique log in. This Account will house all of your Account Profile. Never share your Account password with anyone; you can give permissions to other Users to act under your Account Types as Team Members or Agency Members if needed.
If you create an Account as an employee or agent on behalf of a company, you represent and warrant that you are authorized to enter into binding contracts, including the Terms of Service, on behalf of yourself and the company. More than one person can create an Account as an employee or agent on behalf of the same company.
You are responsible for all activity on your Account.
You may provide other Users permissions to act on your Account only as described in Section 1.3 and you agree not to request or allow another person to create an Account for you, your use, or your benefit, except that authorized employees or agents may create an Account on behalf of your business. By granting other Users permissions under your Account, including as a Team Member or Agency Member, you represent that: (a) the User is authorized to act on your behalf; and (b) you are fully responsible and liable for what the User does and does not do, including with respect to making payments and entering into Service Contracts and the Terms of Service. If any User granted permissions under your Account violates the Terms of Service, it may affect your ability to use our Services. When an Account is closed, Growfhmay close any related Accounts as well.
You will allow us to verify your identity, location, and business affiliations from time to time.
When you register for an Account and periodically thereafter, your Account will be subject to verification, including but not limited to validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity, your location, and your ability to act on behalf of your business on Upwork. You authorize Upwork, directly or through third parties, to make any inquiries necessary to validate your identity, your location, and confirm your ownership of your business, email address or financial accounts, subject to applicable law. When requested, you must timely provide us with complete information about yourself and your business, which includes providing official government or legal documents, and cooperating with other reasonable requests we make to verify your identity. During verification some Account features may be temporarily limited but will be restored if verification is successfully completed.
You will keep your username and password secret and will not share them, and you will not use anyone else’s username and password.
Each person who uses our Services must register for their own Account with a username and password. You are responsible for safeguarding and maintaining the confidentiality of your username and password, and agree not to share your username or password with anyone. You are responsible for safeguarding your username and password and for any use of our Services with your username and password. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to your password. You further agree not to use the Account or log in with the username and password of another User. See Section 1.5 Account Permissions for information on allowing another registered User to act on your behalf in your Account.
What we do and do not do when providing our Services and some of your responsibilities when using our Services.
The Growfh Site is a work marketplace where Leads Buyers and Leads Sellers can identify each other and advertise, buy, and sell Leads online. Subject to the Terms of Service, Growfh provides the Services to Users, including hosting and maintaining the Growfh Site, facilitating the formation of Service Contracts and Direct Contracts, and assisting Users in resolving disputes which may arise in connection with those contracts. When a User enters a Service Contract, the User agrees to use the Services exclusively to invoice, receive, and pay any amounts owed under the Service Contract.
We offer a leads marketplace: an online platform for Users to find and connect with each other. We are not involved directly in your negotiations or the delivery of Services and are not a party to any agreements you may make with other Users. You are solely responsible for your content published to Growfh and for your agreements with other Users, including vetting each other and performance under the agreements.
Growfh offers a platform that enables Users to find one another, enter into service relationships and agreements, receive and provide Leads, and make and receive payments through . Growfh neither performs nor employs individuals to perform Leads Services. You acknowledge and agree that Growfh does not supervise, direct, control, or monitor Users in the performance of any contractual obligations they may have under a Service Contract or Direct Contract and agree that: (a) Growfh is not responsible for ensuring the accuracy or legality of any User Content, for which Users are solely responsible; (b) Growfh is not responsible for the offering, performance, or procurement of Leads Services, (c) Growfh does not make any representations about or guarantee any particular User’s offered services, and (d) nothing will create an employment, agency, or joint venture relationship between Growfh and any User offering services. While Growfh may provide certain badges on Leads Buyers’ and Sellers’ profiles, such badges are not guarantees, including of quality or ability or willingness of the badged Leads Sellers and Buyers to complete a Contract.
You further acknowledge and agree that Users, and not Upwork, are solely responsible for (a) evaluating and determining the suitability of any Leads (b) assessing whether to enter into a Service Contract or Direct Contract with another User and for verifying any information about another User, including Composite Information; (c) deciding whether to enter into a Contract on Growfh as well as the contract terms, and (d) negotiating, agreeing to, and executing any terms or conditions of the contracts and for performing and monitoring performance under them. All Service and Direct Contracts between Users are directly between the Users and Growfhis not a party to those contracts.
Nothing in this Agreement is intended to or does prohibit or discourage any User from engaging in any other business activities or providing any services through any other channels they choose, provided, if applicable, Users comply with the Opt Out provisions described in Section 7. Users are free at all times to engage in such other business activities and services and are encouraged to do so.
Leads Buyers and Sellers are responsible for paying their own taxes, obtaining their own insurance, and ensuring they comply with applicable laws and regulations.
Leads Buyers and Sellers acknowledges and agrees that Leads Buyers and Seller is solely responsible for:
Users publish and ask Growfh to publish information and feedback on the Site. We are not responsible for that content, and your publication or use of it is at your own risk.
You acknowledge and agree that Users publish and request Growfh to publish on their behalf information on the Site such as feedback, composite feedback, or geographical location. Such information is based on data that Leads Buyer and Seller or Clients voluntarily submit to Growfh and does not constitute an introduction, endorsement, or recommendation by Upwork. You agree that Growfh is not responsible for verifying such information and provides it solely for the convenience of Users, but providing false or misleading information violates this Agreement and may result in revocation of your access to use the Site Services.
You acknowledge and agree that User feedback benefits the marketplace and its Users, and you specifically request and agree that Growfh may make available to other Users individual and composite feedback about Users, including you. You acknowledge and agree that any feedback results for you, including your Job Success Score and other User Content highlighted by Growfh on the Site or otherwise (“Composite Information”), may include User comments, User ratings, indicators of User satisfaction, and other feedback left by other Users. Growfhis not responsible for monitoring, influencing, contributing to or censoring these opinions. You agree to notify Growfhof any error or inaccurate statement in your feedback results, including the Composite Information, and you agree that Growfhmay rely on the accuracy of such information if you do not. Growfh provides its feedback system as a means for Users to share their working experiences with and opinions of other Users publicly, and you acknowledge and agree that posted composite or compiled feedback and any other Composite Information relates only to the business advertised in the Profile and not to any individual person. You agree not to use the Composite Information to make any employment, credit, credit valuation, underwriting, or other similar decision about any other User.
By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Growfh generally does not review or monitor User Content. You agree that we are not responsible for User Content. We cannot always prevent the misuse of our Services, and you agree that we are not responsible for any such misuse. Growfh reserves the right (but is under no obligation) to remove posted feedback or information that Growfh determines violates the Terms of Service or negatively affects our marketplace, diminishes the integrity of the feedback system or otherwise is inconsistent with the business interests of Growfh.
This section discusses the relationships you may decide to enter into with another User, including contracts to buy or sell Leads with another User.
Users, not Growfh, are responsible for deciding whether to enter into agreements with other Users.
As provided in Section 2.1 above, if a Lead Buyer and Seller decide to enter into a Contract, the contract is a contractual relationship directly between the Lead Buyer and Seller. Growfh is not responsible for and is not a party to any Contract and under no circumstances will any such contract create an employment or any service relationship between Growfh and any User.
You agree to try to resolve your disputes with other Users by following the dispute resolution process in the Instructions that apply to your contract.
For disputes arising between Leads Buyer and Seller, you agree to abide by the dispute resolution process that is explained in the Instructions that apply to your particular Contract. If that process does not resolve your dispute, you may pursue your dispute independently, but you acknowledge and agree that Growfh will not and is not obligated to provide any further dispute resolution assistance.
If Leads Buyer and Seller seeks an order from an arbitrator or court that might direct Growfh, Growfh , or our Affiliates to take or refrain from taking any action with respect to an Account, that party will (a) give us at least five (5) business days’ prior notice of the hearing on the order; (b) include in any such order a provision that, as a precondition to any obligation affecting Growfh or Growfh , we be paid in full for any amounts to which we would otherwise be entitled; and (c) include in any such order a provision that, as a precondition to any obligation affecting Growfh or Growfh , Growfh be paid for the reasonable value of the services the order obligates us to undertake.
Users determine whether a Leads Buyer and Seller is an employee or independent contractor and agree to use Growfh Payroll for employment relationships.
Users agree to pay Growfh certain fees in exchange for Growfh providing the Services and agree that Growfh may collect certain taxes.
Your use of the Services may result in charges to you for the services or goods you receive from Growfh and/or from Leads Sellers. Prices displayed to you when purchasing leads through the Services may be inclusive of cost of leads charged by the Leads Sellers and fees paid to Growfh. Growfh will enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will include applicable taxes where required by law. Charges may include other applicable fees such as service fees, cancellation fees, and/or surcharges.
With respect to Leads Sellers, Charges you incur will be owed directly to Leads Sellers, and Growfh will collect payment of those charges from you, on the Leads Seller’s behalf as their limited payment collection agent, and payment of the Charges shall be considered the same as payment made directly by you to the Leads Sellers. Payment to a Leads Sellers of goods or services shall be considered to occur at the moment you submit payment through Growfh You retain the right to request lower Charges from a Third-Party Provider for services or goods received by you from such Third-Party Provider at the time you receive such services or goods. Growfh will consider in good faith any request from a Leads Seller to modify the Charges for a particular service or good. This payment structure is intended to fully compensate a Lead Seller, if applicable, for the services or goods obtained in connection with your use of the Services.
There also may be certain Charges you incur that will be owed and paid directly to Growfh or its affiliates. For the avoidance of doubt, Growfh does not charge a fee for you to access the Growfh App and Website, but may charge you a fee or any other Charge for Buying and Selling Leads.
All Charges and payments will be enabled by Growfh using the preferred payment method designated in your Account, after which you will receive a receipt. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Growfh may use another available payment method in your Account.
As between you and Growfh, Growfh reserves the right to establish or adjust Charges for any or all services or goods obtained through the use of the Services at any time. Uber will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof.
Growfh Fees are exclusive of taxes. Growfh does not collect taxes it is not required to collect, but Growfh may be required by applicable law to collect certain taxes or levies, including income tax or VAT (which some jurisdictions refer to as GST or local sales taxes). These collection requirements and rates may change based on changes to the law in your area. Any amounts Growfh is required to collect or withhold for the payment of any such taxes shall be collected in addition to the fees owed to Growfh under the Terms of Service.
Growfh will charge Leads Buyers the fee that is listed for the purchase of that lead, and will hold the purchase amount for 14 days before release to Leads Sellers after reducing the Platform Fee.
You will not earn any interest on the money we hold in your Account and you understand that we charge fees for our services, as explained in Section 5.
You agree that you will not receive interest or other earnings on the funds held in your Account. Upwork, or our Affiliates may charge or deduct fees, may receive a reduction in fees or expenses charged, and may receive other compensation in connection with the services we provide as provided in Section 5 and the Fee and ACH Authorization Agreement.
Leads Buyers agree that, once Growfh charges their Payment Methods, the charge cannot be refunded except on a condition agreed in the Instructions. Clients agree not to initiate any chargebacks from their credit card companies, banks, or the like.