Terms of Use

GROWTH AGENCY – TERMS OF USE

Last Updated: December 2025

These Terms of Use (“Terms”) govern your access to and use of Growth Agency’s websites, digital services, content, platforms, tools, and any other services provided by Growth Agency (collectively, the “Services”).

“Growth Agency”, “Growth”, “we”, “us”, or “our” refers to Growth Agency (Pty) Ltd, a company incorporated in the Republic of South Africa, together with its subsidiaries, affiliates, licensors, and authorised partners.

By accessing or using any part of the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy (including POPIA compliance). If you do not agree, you must immediately discontinue use of the Services.

1. Scope of Services

Growth Agency provides digital marketing, advertising, creative, media, analytics, SEO, web development, consulting, subscription-based tools, and related services. Our Services may include:

• websites and applications
• subscription or membership platforms
• data analytics tools
• forms, newsletters, alerts, and communication platforms
• interactive features and user accounts
• client portals, dashboards, or software integrations

Use of the Services is voluntary and at your own risk.

2. Eligibility and User Responsibilities

By using the Services, you represent and warrant that:

• You have legal capacity to enter into a binding agreement.
• You will comply with applicable laws in your jurisdiction (including South African law, international data protection laws such as GDPR, and any local regulations).
• Any information you provide is accurate, complete, and updated as required.
• You will use the Services only for lawful purposes.

You may not access or use the Services if you are prohibited by applicable law.

3. Privacy and Data Protection

Growth Agency processes personal information in accordance with:

• South African POPIA (Protection of Personal Information Act)
• GDPR (General Data Protection Regulation), where applicable
• Other international data protection laws relevant to users’ jurisdictions

Our Privacy Policy explains the categories of personal information we collect, the purposes of processing, data retention, lawful basis (where applicable), cross-border transfers, security measures, user rights, and procedures for exercising those rights.

By using the Services, you consent to the collection, use, storage, disclosure, and processing of your data in accordance with the Privacy Policy.

4. User Accounts and Security

Certain features require you to register and create an account. You agree to:

• Maintain confidentiality of your login credentials.
• Accept full responsibility for all activity under your account.
• Notify us immediately of any unauthorised access or suspected breach.

Growth Agency reserves the right to suspend or terminate accounts that violate these Terms.

5. Information You Provide (User Content)

You may submit content such as messages, comments, reviews, uploads, forms, and other materials (“User Content”).

By submitting User Content, you:

• grant Growth Agency a worldwide, perpetual, royalty-free licence to use, reproduce, publish, display, distribute, and create derivative works;
• represent that you have the necessary rights to grant this licence;
• acknowledge that your User Content may be visible to other users;
• accept responsibility for ensuring your content does not violate any laws or rights of others.

Growth Agency may, but is not obligated to, monitor or remove User Content that:

• is unlawful, defamatory, harmful, misleading, offensive, hateful, abusive, or otherwise objectionable;
• infringes intellectual property rights;
• contains personal information of others without consent;
• includes spam or unauthorised advertising.

6. Prohibited Use

You may not use the Services to:

• violate any law or regulation;
• attempt to gain unauthorised access to systems or accounts;
• introduce viruses, malware, or harmful code;
• engage in data scraping, harvesting, or automated extraction;
• impersonate another person or organisation;
• upload false, misleading, or fraudulent information;
• infringe the intellectual property rights of Growth Agency or third parties.

Violations may result in account termination, legal action, and reporting to authorities.

7. Intellectual Property Rights

All content, software, designs, trademarks, logos, text, images, graphics, data compilations, videos, and materials provided through the Services (“Growth Agency IP”) are owned or licensed by Growth Agency.

You may not:

• reproduce, distribute, modify, or create derivative works from Growth Agency IP;
• use our trademarks without written permission;
• extract or copy large portions of content or databases;
• resell or commercially exploit any portion of the Services.

Any permitted use is revocable at any time.

8. Cookies and Tracking Technologies

Growth Agency uses cookies and similar technologies to:

• improve user experience
• analyse traffic
• personalise content
• manage advertising
• secure accounts
• facilitate subscriptions

Users may manage cookie preferences via browser settings, although some features may not function correctly if cookies are disabled.

9. Third-Party Services and Links

The Services may include links to third-party websites, software, integrations, analytics providers, advertisers, and social media platforms.

Growth Agency is not responsible for:

• the content, accuracy, or practices of third parties;
• the data handling of external platforms;
• any transactions or engagements with those third parties.

Users should review applicable third-party terms and policies.

10. Payment, Currency, and Subscription Terms

Where applicable:

• All transactions for South African users are processed in ZAR (South African Rand).
• International clients may pay in alternative currencies as agreed.
• Subscription fees, plans, entitlements, and applicable taxes are clearly detailed on relevant pages.
• Growth Agency reserves the right to modify or discontinue services, offerings, or pricing at any time.
• No warranties are made regarding uninterrupted access, performance results, accuracy, or reliability of subscription content.

Users agree to honour payment obligations for services purchased.

11. Termination

Growth Agency may suspend or terminate access to the Services at any time, without notice, including when:

• Users violate these Terms;
• Users provide false or misleading information;
• Legal obligations require termination.

Upon termination, rights granted to you under these Terms cease immediately.

You may request account closure via [email protected].

12. Liability Disclaimer

To the fullest extent permitted by applicable law:

Growth Agency provides all Services “as is” and “as available” without warranties of any kind, whether express or implied.

Growth Agency is not liable for:

• indirect, incidental, special, punitive, or consequential damages;
• loss of profits, revenue, business, data, or goodwill;
• interruptions, delays, or failures beyond our reasonable control;
• reliance on content, reports, analytics, or recommendations provided through the Services;
• user actions or third-party interactions.

Where liability cannot be excluded, it is limited to the amount paid to Growth Agency in the preceding twelve (12) months.

13. Indemnification

You agree to indemnify and hold harmless Growth Agency, its officers, employees, contractors, partners, and affiliates from any claims, losses, damages, liabilities, costs, or legal fees arising from:

• your use of the Services;
• your breach of these Terms;
• your User Content;
• your violation of any third-party rights.

14. International Users

Growth Agency operates in South Africa but serves an international audience.
By using the Services, international users agree that:

• their data may be transferred to and processed in South Africa or other jurisdictions;
• their use is subject to South African law, except where prohibited.

Growth Agency complies with cross-border data transfer mechanisms required by relevant laws.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Republic of South Africa, unless local consumer protection laws require otherwise.

Any disputes shall be resolved through:

1. Initial negotiation, then
2. Mediation, and if unresolved,
3. Legal proceedings in South African courts.

16. Changes to the Terms

Growth Agency may update these Terms at any time. Material changes will be posted prominently on our website.

Continued use of the Services after updates constitutes acceptance of the revised Terms.

17. Contact Information

For questions, concerns, or reports of violations, contact:

Email: [email protected]

Subject Line: Terms of Use Enquiry

18. Acceptance of Terms

By accessing or using the Services, you acknowledge that you have read, understand, and agree to these Terms.

If you do not agree, you must not use the Services.