Terms of Service
This website is operated by Growth and Control Limited (company number 6950643) of Farren House, Farren Court, The Street, Cowfold, West Sussex, United Kingdom RH13 8BP (hereinafter referred to as “the Service Provider” or “we” or “us”).
"Consumer" means a User who uses the website to create private Content for access only by them and other members of their organisation
“Content” means all information displayed on the Website or available for download from the Website or provided by electronic or other means during or in connection with the Services.
“Copyright and License Notice” means the words “TheScaleUpFormula, copyright Growth and Control Limited, registered in the UK as company number 6950643. Used under license” or "copyright Growth and Control Limited, registered in the UK as company number 6950643. Used under license".
"Publisher" means a User who uses the Website to publish Content to be downloaded and used by Consumers
“Rights” means all vested, contingent and future copyright and analogous rights in the Website and Content and, on creation, all modifications thereto by the Service Provider conferred by the laws of the United Kingdom and all other parts of the world, all for the full period thereof, including any renewals and extensions, and including all rights of action existing at the date you start using the Website and Content.
"Services" means group or individual consultancy and coaching.
"Subscription" means a paid, repeating period of access to any paid-for parts of the Website, Content and Services.
"Subscription Annual Anniversary" means the month and day of the month that a subscription started or, if that day does not appear in a subsequent year, the nearest day before that day.
"Subscription Monthly Anniversary" is the day of the month that a subscription started or, if that day does not appear in subsequent months, the nearest day before that day.
“Terms and Conditions” or “Terms” or “Terms of Service” means this document and any policies referenced herein and/or available by hyperlink
"Third-party Provider" means anyone not employed by us who provides Services or Content to you using the Website
"User", or "you", means anyone accessing the Website, Content or Services
“Website” means www.thescalupformula.com and all sub-domains, sub-directories and pages thereof
2.1 The Service Provider offers the Website, Content and Services to you, the User, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
2.2 By continuing to use the Website you consume our Content and agree to be bound by these Terms. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
2.3 Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the Terms of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
2.4 Any new content that is added to the Website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website or Content following the posting of any changes constitutes acceptance of those changes.
2.5 The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
3.1 You agree not to reverse-engineer or in any other way replicate the Website or the Content
3.2 You may not use the Website or Content for any illegal or unauthorized purpose nor may you, in the use of the Website and Content, violate any laws in your jurisdiction (including but not limited to copyright laws).
3.3 You must not transmit any worms or viruses or any code of a destructive nature.
3.4 It is a breach of this agreement for the same User, or Users from the same organisation, to register both a Publisher and a Consumer account on the Website
Modifications to the Website and Content
4.1 We reserve the right to alter the Website, Content or Services without notice.
4.2 We reserve the right to modify or discontinue all of, or any part of, the Website, Content or Services without notice at any time.
4.4 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Website, Content or Services.
4.5 In the case of discontinuance of the Website, Content or Services we will refund any unexpired part of a subscription.
Third-party Content and Links
5.1 Certain parts of the Content and Services available via the Website may include materials from Third-party Providers
5.2 Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
5.3 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
(i) Information that you create using the Website remains your property and will not be accessible to Users outside your organisation. This includes Content published by Publishers which is downloaded and modified by you.
(i) Information that you create using the Website remains your property and will not be accessible to Users outside your organisation until you publish it.
(ii) Information that you publish for other users to download using the Website (whether such downloads are free or paid-for) may be downloaded, modified and used by Consumers. By publishing such information in this way you grant these users a non-exclusive permanent license to use the information
(iii) If you charge a fee to users who copy and use your published information then we will take a proportion of that fee as a service charge before passing on the remainder to you.
7.1 Information provided by you when using the Website, Content or Services may be used to provide related information, services or products
7.2 We collect information pertaining to your business
7.3 In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
(i) A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
(ii) We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
(iii) Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
(iv) You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
7.5 You may request details of personal information which we hold about you under the Data Protection Act 1998 and the General Data Protection Regulation. If you would like a copy of the information held on you please write to firstname.lastname@example.org.
7.6 You may unsubscribe from mailings at any time using the link provided at the foot of every email.
7.7 You may request that we delete your information at any time by contacting us using the details shown on the Contact page
7.8 All payments are processed by third-party payment processors and we have no access to the details of your method of payment.
8.1 Subscriptions commence or are renewed when we receive payment to our bank.
8.2 Subscriptions are a repeating series of payments on the Subscription Monthly Anniversary for monthly subscriptions or Subscription Annual Anniversary for annual subscriptions.
(i) You can cancel your subscription at any time.
(ii) Once a subscription is cancelled you will not be charged again.
(ii) Once a subscription is cancelled we will withdraw access on the next Subscription Monthly Anniversary for monthly subscriptions or Subscription Annual Anniversary for annual subscriptions. We may withdraw access prior to that date at our sole discretion.
(i) Group services, such as workshops, will be scheduled by us. Relevant subscribers will be notified of the date in advance. If a subscriber fails to attend such an event the service will be deemed to have been provided. We may cancel or reschedule an event at our sole discretion.
(ii) Individual services, such as 121 coaching, will be scheduled by the subscriber using the Website. Except by our sole discretion and written confirmation they must be scheduled and take place before the next Subscription Monthly Anniversary. Failure by the subscriber to schedule or attend the event means the service will be deemed to have been provided.
(iii) If Services are prevented from taking place by factors outside our control, including technical problems, we will use our best endeavours to reschedule them. If we are unable to reschedule them the Service will be deemed to have been provided.
8.5 You will be notified if the price of your subscription changes.
Limitation of Liability
9.1 In no case shall Growth and Control Limited, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Website, Content or Services.
9.2 You agree to indemnify, defend and hold harmless Growth and Control Limited and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Breach of Agreement
10.1 If we determine that you are in breach of this agreement then we have the right to immediately terminate all access to the Website, Content and Services.
11.1 If any provision of this Agreement shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this Agreement which shall remain in full force and effect.
11.2 If any provision on of this Agreement is so found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question shall apply with such modification(s) as may be necessary to make it valid and enforceable
12.1 The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
12.2 These Terms of Service and any policies or operating rules posted by us on the Website or in respect to Website or Content constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
12.3 Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
13.1 This Agreement shall be governed by and construed in accordance with English law.
13.2 Any dispute or difference between the parties arising out of or in accordance with the terms and effect of this Agreement shall be determined by the exclusive jurisdiction of the English courts.