These Terms govern
in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.
The User must read this document carefully.
GrowForce is provided by:
GrowForce BV
Da Vincilaan 1
1930 Zaventem
BE0723.745.506
Owner contact email: nicholas@grow-force.com
We are currently in the process of becoming registered to be an official KMO Portefeuille Supplier.
Registratienummer Advies: DV.A236295 Registratienummer Opleiding: DV.A236296
"GrowForce" refers to
Unless otherwise specified, the terms of use detailed in this section apply generally when using GrowForce.
Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.
By using GrowForce, Users agree to meet the following conditions:
Unless where otherwise specified or clearly recognizable, all content available on GrowForce is owned or provided by the Owner or its licensors.
The Owner undertakes its utmost effort to ensure that the content provided on GrowForce infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.
The Owner holds and reserves all intellectual property rights for any such content.
Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.
In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on GrowForce, nor allow any third party to do so through the User or their device, even without the User's knowledge.
Where explicitly stated on GrowForce, the User may download, copy and/or share some content available through GrowForce for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.
Any applicable statutory limitation or exception to copyright shall stay unaffected.
Through GrowForce Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
GrowForce and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of GrowForce and/or the Service violates no applicable law, regulations or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to GrowForce or the Service, terminating contracts, reporting any misconduct performed through GrowForce or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:
Prices, descriptions or availability of Products are outlined in the respective sections of GrowForce and are subject to change without notice.
While Products on GrowForce are presented with the greatest accuracy technically possible, representation through photos, images, colors, sounds or any other means is for reference only and implies no warranty as to the characteristics of the purchased Product.
The characteristics of the chosen Product will be outlined during the purchasing process.
Any steps taken from choosing a Product to order submission form part of the purchasing process.
The purchasing process includes these steps:
When the User submits an order, the following applies:
The rejection of an order shall not entitle the User to bring any claim against the Owner, including compensation for damages.
All notifications related to the described purchasing process shall be sent to the e-mail address provided by the User for such purposes.
Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.
Prices on GrowForce are displayed:
Information related to accepted payment methods are made available during the purchasing process.
Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of GrowForce.
All payments are independently processed through third-party services. Therefore, GrowForce does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.
If payment through the available methods fail or is refused by the payment service provider, the Owner shall be under no obligation to fulfil the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.
Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner.
The purchased service shall be performed or made available within the timeframe specified on GrowForce or as communicated before the order submission.
Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.
Unless any applicable exception is mentioned below, Users who are European Consumers are granted a statutory cancellation right under EU rules, to withdraw from contracts entered into online (distance contracts) within the specified period applicable to their case, for any reason and without justification.
Users that do not fit this qualification, cannot benefit from the rights described in this section.
To exercise their right of withdrawal, Users must send to the Owner an unequivocal statement of their intention to withdraw from the contract.
To this end, Users may use the model withdrawal form available from within the “definitions” section of this document. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, Users must send the withdrawal notice before the withdrawal period expires.
When does the withdrawal period expire?
Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, if any, those covering the costs of delivery.
However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by the Owner, will not be reimbursed.
Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.
Where a User exercises the right of withdrawal after having requested that the service be performed before the withdrawal period expires, the User shall pay to the Owner an amount which is in proportion to the part of service provided.
Such payment shall be calculated based on the fee contractually agreed upon, and be proportional to the part of service provided until the time the User withdraws, compared with the full coverage of the contract.
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand — including but not limited to lawyer's fees and costs — made by any third party due to or in relation with any culpable use of or connection to the Service, violation of these Terms, infringement of any third-party rights or statutory provision by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.
Unless otherwise explicitly stated and without prejudice to applicable statutory product liability provisions, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf).
This does not apply to damages to life, health or physical integrity, damages resulting from the breach of an essential contractual obligation such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as GrowForce has been appropriately and correctly used by the User.
Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.
Notwithstanding the above, the following limitation applies to all Users not qualifying as Consumers:
In any event of liability, the compensation may not exceed the total payments that have been, will be or would be received by the Owner from the User based on the contract over a period of 12 months, or the period of the duration of the Agreement, if shorter.
The Owner provides the services to the User strictly on an "As is" basis. To the fullest extent permitted by law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise — including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. The Owner makes no warranties or representations as to the accuracy or completeness of any content and assumes no responsibility for any:
The Owner does not endorse, warrant, guarantee, or assume responsibility for any event, product or service available through the Service or any website accessible through the Service.
No action from or on behalf of the Owner or any other source shall create any warranty not stated in these Terms.
Some jurisdictions do not allow the exclusion of warranties. In such cases, the above warranty exclusions may not apply to the User.
GrowForce may contain advice, opinions, instructions and statements from Users and other content or information providers. Use of GrowForce and the Service is at the User’s own risk. The Owner strongly urges the User to consult a professional or some other authority in the appropriate field before using the content. The Owner will not be liable for any indirect, incidental, punitive, special or consequential damages arising out of or relating to these Terms, including, but not limited to, damages for loss of profits, loss of business, loss of use, or loss of customer data or other intangible property, even in cases where the Owner has been advised of the possibility of such damages.
Each provision that provides for a limitation of liability, disclaimer of damages, or exclusion of damages is intended to allocate the risks of any Agreement between the parties. This allocation is an essential element of the basis of the bargain between the parties. Each provision is severable from and independent of all other provisions of these Terms.
Except in the event of gross negligence or wilful misconduct on the part of the Owner, the User agrees to defend, indemnify and hold harmless the Owner, its parent, “sibling” and subsidiary corporation(s) (if any) and officers, directors, employees, advisors and agents thereof, from and against any claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees and expenses) arising from:
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.
Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.
Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of GrowForce and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program.
To learn more about the use of their Personal Data, Users may refer to the privacy policy of GrowForce.
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to GrowForce are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with GrowForce are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.
Such changes will only affect the relationship with the User for the future.
The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.
The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.
If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account.
Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.
All communications relating to the use of GrowForce must be sent using the contact information stated in this document.
If any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.
These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document.
However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.
The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.
Users may bring any disputes to the Owner who will try to resolve them amicably.
While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of GrowForce or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.
The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document.
The Owner will process the complaint without undue delay and within 21 days of receiving it.
The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving any dispute related to and stemming from online sale and service contracts.
As a result, any European Consumer can use such platform for resolving any dispute stemming from contracts which have been entered into online. The platform is available at the following link.