Growth Marketing Academy Terms of Service
effective as of 24h of September 2019

This Terms of Service Agreement explain the terms and conditions under which you are able to use services provided by Growth Marketing Academy represented by Santa Marketing sprl. Please read carefully this Terms of Service document, and keep a copy of it for your reference.

BY ACCESSING OUR WEBSITE, OUR SERVICES OR ACCESSING ANY CONTENT THAT IS MADE AVAILABLE BY SANTA MARKETING YOU EXPRESS YOUR AGREEMENT TO BE LEGALLY BOUND BY OUR TERMS OF SERVICE STATED IN THIS DOCUMENT, SO PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICES AS YOU ARE ENTERING INTO A BINDING CONTRACT WITH CHRISTIAN LOFBERG D/B/A SANTA MARKETING SPRL. IF YOU DO NOT AGREE WITH (OR CANNOT COMPLY WITH) THE TERMS AND CONDITIONS SET FORTH BELOW, DO NOT USE OR ACCESS OUR SERVICES.

These Terms do not interfere with any obligation or authorization provided in any other agreement concluded between you and Santa Marketing.
1.      Definitions
1.1          The following definitions explain some of the terminology and abbreviations used throughout our Terms of Service Agreement:

2.      Use of the Services
(A)          Eligibility
2.1          By using the Services, you confirm that you are at least 18 years of age. By accessing the Site or using our Services, you confirm that you will not use the Site or the Services contrary to these Terms or applicable laws.
2.2          We may not control who uses the Site or the Services, so it is upon you to assess whether using the Site or our Services is in compliance with any local laws and regulations. Whenever you are using our Site or Services you will need to comply with these Terms and any applicable laws, regulations and policies. If any part of the Site or the Services is not in compliance with your local laws, you may not use the Site and the Services. Any such Service will be considered as ‘not available in your region’.
(B)          Registration
2.3          Some of the Services provided are only available to registered Users. During the registration process you will be asked to provide some personal information, the collection, use, and storage of which is regulated by our Privacy Policy document and applicable laws. Users are required to provide true, accurate, current and complete information about themselves as prompted by forms provided. If you provide information contrary to aforementioned conditions, we may deny you or terminate your access to parts of our Services. We are not responsible for any failure in providing the Services which results from information that is not true, accurate, current and complete.(C)          Contact
2.5          By allowing us access to your e-mail address, you agree that we may contact you using such contact information, for any matters relating to the Services (Service e-mails). These e-mails do not constitute “unsolicited commercial e-mail advertisements” and you are not able to opt-out of receiving them. You may opt-in or subscribe to receive e-mails about content, promotions, special offers and or other topics of interest related to the Santa Marketing and our affiliates (Promotional e-mails). You may choose to stop receiving these promotional e-mails at any time by following the instructions contained in promotional e-mails.
2.6          If you have any question or suggestion you can contact us at christian@growth-marketing-academy.com.

3.       Acceptable Use Policy
3.1          You agree that you will not misuse our Services. A misuse constitutes any use, access or interference with the Site or Service contrary to Terms, Privacy Policy and applicable laws and regulations. We can, in our sole discretion, suspend or terminate access to all or parts of the Services to any User, without prior notice or need to deliberate on reasons for such measure. We reserve the right to deny Services to anyone at any time. During your use of our Services, you will not behave contrary to the Terms, Policies, applicable laws and regulations, and you will especially not, without limitation, do any of the following:
(i)            send or otherwise post unauthorized commercial communications (such as spam) through the Site;
(ii)           collect Users' content or information, or otherwise access the Site using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission;
(iii)          upload viruses or other malicious code;
(iv)         bully, intimidate, or harass any other User;
(v)          post or transmit content which is illegal, hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or contains graphic or gratuitous violence or is otherwise objectionable to third parties;
(vi)         harass, threaten, embarrass or cause distress or discomfort upon another individual or entity or impersonate any other person or entity or otherwise restricting or inhibiting any other person from using or enjoying the Site;
(vii)        take any action creating a disproportionately large usage load on our Site unless expressly permitted by Santa Marketing;
(viii)       post or transmit content that is misleading.
(ix)         communicate any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships, or otherwise infringes or violates someone else's rights;
(x)          encourage participation in or promote any contents, pyramid schemes, surveys, chain letters or spamming, or unsolicited emailing through the Site;
(xi)         post or transmit hyperlinks to other websites that violate these Terms;
(xii)        facilitate or encourage any violation of these Terms.
3.2          Users are solely responsible for their own content and the consequences of making the content available to third-parties.

4.      Intellectual Property
(A)          Proprietary Rights
4.1          The copyright and all intellectual property rights in the Site belong to Santa Marketing or are used with appropriate permissions. It includes design, all database rights, trade marks, text, graphics, code, file and links, service marks, and the selection and set up thereof. All rights are reserved. Nothing in this agreement shall be understood or intended for transfer of such intellectual property rights to you or any other third party.
4.2          Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and use the Services. Except as expressly permitted in this Agreement, you may not:(B)          Notification of infringement
4.3          If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to the Site’s Copyright Agent:
                1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
                2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
                3. A description of where the material that you claim is infringing is located on the Site or the App;
                4. Your name, address, telephone number and e-mail address;
                5. A signed 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; and
                6. A statement by you, made under penalty of perjury, that the information provided in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
4.4          Our copyright agent can be reached as follows: christian@growth-marketing-academy.com
(C)          User Generated Content
4.5          If you post content on or through the Site, you grant us a non-exclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, distribute, and display such User Generated Content on the Site and on any other marketing material we may create. Whenever we might use the User Generated Content we will give appropriate credit to the content provider through their name.
4.6          We aim to provide a safe space for all our Users. However, considering how we do not monitor User Generated Content, you agree to inform us immediately if you come across any illegal activity, activity that is in breach of these Terms, or activity you suspect might be in violation of these Terms or applicable laws or might otherwise be objectionable. Although we expressly prohibit posting of any User Generated Content which is illegal, hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or contains graphic or gratuitous violence or is otherwise objectionable to third parties, we do not pre-screen the content, so you hereby agree that you may be exposed to any such content and that you use the Site and the Services at your own risk. We reserve the right to remove any content which we find to constitute a breach of these Terms or relevant laws, without notifying the Users or providing reasoning for such action. You recognize and concur that Santa Marketing bears no obligation regarding the risk, harm, damage, or loss that might emerge from content submitted to or distributed on the Site. You further understand that by providing your content online, other people will have access to such content and they will be able to copy, share or otherwise interact with such content. If you do not want your content to be used as described the only remedy is to not share your content.
(D)         Third party content
4.7          Some content on the Site, such as advertisement, may be provided by the Outside Sources. We are not responsible for such content, nor do we monitor or control content provided by Outside Sources.
(E)          Confidential Information
4.8          During the term of this Agreement, Users may be required to provide or volunteer to provide certain Confidential Information to Santa Marketing and Santa Marketing may disclose certain Confidential Information to the Users. Regarding such information both parties hereby agree (i) to keep Confidential Information in strict confidence, (ii) to undertake all reasonable measures to protect the confidence of Confidential Information, (iii) not to disclose, or otherwise make available, Confidential Information to any third party without obtaining prior written consent, (iv) to use Confidential Information only for the purposes intended, (v) to return all Confidential Information and any and all copies, extracts or derivative works resulted from Confidential Information upon written request or upon termination of the Agreement, and to destroy or erase all remaining copies of the Confidential Information regardless of the form or media on which the Confidential Information is stored.

5.      Payment and Pricing
5.1          All prices for listed Services are available on the Site and are calculated when you choose the Courses you want to purchase. All prices are shown exclusive of VAT and other applicable taxes. You understand and agree that it is your responsibility to pay applicable taxes for your use of the Services.
5.2          When purchasing on the Site, you can choose the method of payment. If you are paying by credit card, you must provide valid and current information necessary to process the payment. You agree and authorize us to charge your credit card for all Fees payable during your use of the Services. Santa Marketing reserves the right to amend Fees or to institute new Fees at any time upon reasonable notice posted in advance on Site. Any changes to the pricing will not affect already purchased content and will become effective upon posting.
5.3          We may, at our own discretion, limit the number of available Services or refuse to provide the Service without the need to deliberate on the reasons for such action. We may especially refuse to accept your order if:
(i)            The billing information you provided is incorrect, or invalid, or we are otherwise unable to process the payment,
(ii)           We suspect that order is fraudulent. We reserve the right to refuse any order which we, in our sole discretion, find to have been placed as a result of fraudulent activity,
 (iii)          Your order is placed pursuant to previous credit card dispute.
5.4          We offer a 14-day refund policy for the Services under the condition that less than 50% of the Services content has been consumed. However, if you were unable to use or access the purchased content we may provide you with the full refund. All refunds are discretionary as determined by Santa Marketing.

6.      Third Party Services
6.1          The Services may be made available or accessed in connection with third party services and content (including advertising) that Santa Marketing does not control. We may also provide you with links leading to the Outside Sources. You acknowledge that different Terms of Service and privacy policies may apply to your use of such third party services and content. Santa Marketing does not endorse such third party services and content and in no event shall Santa Marketing be responsible or liable for any products or services of such third party providers.
6.2          Our Services may be used in connection with third-party services such as Facebook, Twitter, LinkedIn and other. In that sense your interaction with the Site and Services is further regulated by the third-party’s respective terms and privacy policies. Santa Marketing is not sponsored, endorsed, organized or in any other way supported by these third-parties.
6.3          The Site and Services are made available to Users through hosting platform Zenler. Users hereby understand that their use of the Site and Services is further regulated by Zenler’s terms and policies.

7.      Affiliate Disclosure
7.1          Whenever the link from the Site leads to other location you may assume that Santa Marketing has a financial interest in such location, whether by earning commission of the sales or for increasing the traffic on the target location.
7.2          Santa Marketing does not take any responsibility nor do we make any guarantee for any purchase made by following the links on the Site. You may be offered special terms for purchase by following the links hosted on the Site. Whenever there is such case, you will be appropriately informed on these terms.

8.      Indemnity
8.1          You will indemnify and hold harmless Santa Marketing, and its employees and affiliates, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your access to or use of the Site and our Services, content which you provide, or your violation of these Terms.

9.      Limitation of liability
9.1          YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SANTA MARKETING SERVICE IS TO STOP USING THE SANTA MARKETING SERVICES.
9.2          TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW SANTA MARKETING, ITS EMPLOYEES, OFFICERS, AGENTS, AFFILIATES, SUCCESSORS, SUPPLIERS, ASSIGNEES OR LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF YOUR ACCESS OR USE OR INABILITY TO ACCESS OR USE THE SANTA MARKETING SERVICES, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT, INCLUDING WITHOUT LIMITATION ANY OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE, REGARDLESS OF LEGAL THEORY, EVEN IF SANTA MARKETING HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
9.3          Santa Marketing , it’s employees, agents, and its directors do not accept any liability and you hereby agree to release us of any liability arising (whether directly or indirectly) out of the information provided through the Site, or any errors, in or omissions from information on the Site. Santa Marketing is not liable for loss (whether directly or indirectly) caused by your actions or decisions based on your reliance on the information provided to you through the Site, nor caused by the delay, malfunction of the operation or the availability of the Site.
9.4          Santa Marketing does not guarantee that the information on the Site is correct. All information on the Site is strictly for entertainment purposes and should not be considered as an advice, recommendation or suggestion of any kind.

10.    Earnings Disclaimer
10.1        The information provided through the Services is provided solely for informational, educational, or entertainment purposes. Santa Marketing is not a financial institution nor a financial or legal advisor. Santa Marketing makes no representations, warranties, or guarantees, express or implied, regarding the results that may be obtained through the use of the Services or by participating in any of the Santa Marketing’s programs. Nothing displayed on the Site, or provided through the Services may be interpreted as a promise or a guarantee of any kind, regarding your potential earnings or specific results. Whenever we refer to potential earnings and effects of our Services, we are expressing our opinions and not stating the facts or professional advice. While Services may work for some people, they just as well may not work for you. You understand that financial success depends on many factors including your own personal preferences, habits, efforts, and your individual circumstances as well as global and micro economy factors. Before making any financial decisions or implementing any financial strategy, trading strategy, investment strategy, including recommendations of third parties identified through the Services, Santa Marketing recommends that you obtain additional information and advice of accountants or other financial advisors who are fully aware of your individual circumstances.
10.2        Santa Marketing , it’s employees, agents, and its directors do not accept any liability and you hereby agree to release us of any liability arising (whether directly or indirectly) out of the information provided through the Services, or any errors, in or omissions from such information. Santa Marketing is not liable for loss (whether directly or indirectly) caused by your actions or decisions based on your reliance on the information provided to you through the Services, nor caused by the delay, malfunction of the operation or the availability of the Services.
10.3        Different statements made as part of the Content, including but not limited to those which express belief, expectation, and other statements which do not represent a historical fact, are forward-looking statements. Whenever we are making a prediction or a future speculation, and especially when we are using words like "believe", "estimate", "anticipate", "plan", "predict", "may", "hope", "can", "will", "should", "expect", "intend", "is designed to", "with the intent", "potential", the negative of these words or such other variations thereon or comparable terminology, we are only expressing our opinion and we are not under any circumstance stating a fact. These forward-looking statements are made considering the conditions at the time of their making, and we are under no obligation to update these statements if the conditions change in such way to affect the statements.

11     Testimonials Disclaimer
11.1        Any prior experience, testimony, or result is not a guarantee that equal success will be achieved in your circumstances. Testimonials found on the Site may or may not be representative of all reasonably comparable Users. Past performance or results are not indicative of future results or success. Testimonials are not indicative of future success and have not been verified by an independent third party.
11.2        Testimonials provided on the Site are unsolicited and are non-representative of all Users. The individuals quoted in the testimonials used were not paid to be quoted unless specifically identified. Individual results vary and no representation is being made that Users will or are likely to achieve profits or incur losses comparable to those that may be shown. Some may experience worse results than those which provided their testimonials. To the extent that we included any testimonials or case studies on the Site or in our Services, you can assume that none of these stories in any way represent the “average” or “typical” customer experience. As with any product or service, we know that some people will purchase our products but never use them at all, and therefore will get no results whatsoever. You should therefore assume that you will obtain no results through use of our Services.

12.    Changes  
12.1        SANTA MARKETING MAY MAKE CHANGES OR REPLACE OUR TERMS OF SERVICE AGREEMENT AT ANY TIME. WE WILL POST SUCH CHANGES, REPLACEMENTS AND UPDATES ON THE SITE AND SUCH CHANGE, REPLACEMENT AND UPDATE TO OUR TERMS OF SERVICE AGREEMENT WILL TAKE EFFECT IMMEDIATELY UPON POSTING. YOU ARE CONSENTING TO KEEP YOURSELF UP TO DATE WITH THE LATEST POSTED TERMS OF SERVICE AGREEMENT AND YOU ACCEPT AND ARE BOUND BY SUCH CHANGE, REPLACEMENT AND UPDATE IF YOU ACCESS OR USE OUR SERVICE AFTER WE HAVE POSTED UPDATED TERMS OF SERVICE. THE TERMS OF SERVICE AGREEMENT APPLIES REGARDLESS FROM WHICH PLATFORM YOU ACCESS OUR SITE.

13.    Termination
13.1        Santa Marketing may terminate this agreement without notice and notice period, with immediate effect if User:
(i)            breaches this Agreement;
(ii)           fails to make due payments;
(iii)          misuses the Services or uses Services contrary to Acceptable Use policy;
(iv)         engages in fraudulent or illegal activities.
13.2        Upon termination of this Agreement, user will not be able to use the Services. If the agreement has been terminated, User shall be liable to pay to the Santa Marketing any outstanding Fees due for payment immediately. Santa Marketing shall not be responsible for any damage caused by the termination of this Agreement.

14.    Governing Laws and Choice of Forum
14.1        This Agreement shall be governed by and construed under the laws of the Kingdom of Belgium, without regard to its conflict of law provisions, as applied to agreements entered into and to be performed in Belgium by the Belgium residents. You agree that if you have any dispute with Santa Marketing you will contact us in order to settle through negotiations and mutual understanding. If the solution can not be reached in negotiations you agree and hereby submit to the exclusive jurisdiction of the official courts in Ottignies, Kingdom of Belgium.

15.    Final Provisions
15.1        If any part of these Terms is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity or enforceability of the remainder of the Terms. The section titles in the Terms are for convenience only and have no legal or contractual effect. Any failure to exercise or enforce any right or the provision of this agreement shall not constitute a waiver of such right or provision.
15.2        These Terms may be available on multiple languages; however English version will be considered as the authentic and official version.

Growth Marketing Academy is a Santa Marketing sprl brand.
© Santa Marketing sprl – All rights reserved
© Growth Marketing Academy – All rights reserved