Terms
of Use

These Terms of Use (the "Terms") govern access to and use of the website located at growthmog.com (the "Site"), operated by GrowthMog ("GrowthMog", "we", "us" or "our"). By accessing or using the Site you agree to be bound by these Terms. If you do not agree, you must discontinue use of the Site.

These Terms govern the Site only. They do not constitute the agreement under which the Services are performed. Where GrowthMog and a Client have entered into a separate written engagement, that engagement governs the Services and prevails over these Terms to the extent of any inconsistency.

"Services" means the marketing services offered by GrowthMog to independent automotive repair businesses, as generally described on the Site.

"Client" means a person or entity that has entered into an engagement with GrowthMog for the Services. "User" means any person who accesses the Site. "Content" means all text, images, layout, design, code, marks and other material comprised in the Site.

"Baseline" means the average monthly gross sales figure agreed between GrowthMog and a Client at the commencement of an engagement, against which growth is measured.

The Site is provided for general information and promotional purposes. Nothing on the Site constitutes an offer capable of acceptance, and no contract for the Services arises from use of the Site or submission of the contact form.

A binding engagement arises only upon the agreement of GrowthMog and the Client, recorded in writing, as to scope, fees and commencement.

GrowthMog may modify, suspend or withdraw the Site, or any Content, pricing or description appearing on it, at any time and without notice.

The Site describes GrowthMog’s standard commercial arrangement, being a monthly fee of five hundred dollars ($500) together with a performance component equal to ten percent (10%) of the Client’s revenue in excess of the Baseline, engaged on a month to month basis with no fixed term, no setup fee and no cancellation fee, the first month comprising setup at the base fee alone.

That description is indicative. Fees are stated in Canadian dollars unless otherwise agreed in writing, and are exclusive of applicable sales and value added taxes.

The Baseline and each monthly sales figure are reported by the Client. GrowthMog does not audit, verify or independently obtain those figures and relies upon the Client’s representation as to their accuracy. An invoice calculated upon an inaccurate figure reported by the Client is not an error of GrowthMog.

GrowthMog does not warrant, represent or guarantee any particular search engine ranking, map placement, volume of telephone enquiries, conversion rate, revenue figure or other outcome.

The Services depend upon platforms operated by third parties, including Google LLC, whose algorithms, policies and product features are outside the control of GrowthMog and are subject to change without notice. Outcomes are further affected by matters within the Client’s own control, including pricing, capacity, service quality, customer reviews, competitive conditions and responsiveness to enquiries.

Any statement on the Site as to typical or achievable performance is an expression of opinion based on prior experience and is not a warranty, a projection, or a term of any engagement.

Worked examples, sample invoices and fee calculations appearing on the Site are provided to explain the operation of the commercial arrangement. They are hypothetical and do not represent the results of any particular Client.

Case study material describes the documented experience of the individual business identified. Past performance of one business is not indicative of the results any other business will obtain.

The animated monetary figure displayed on the home page is an illustrative device generated in the visitor’s browser from elapsed time on the page. It does not represent actual transactions, is not derived from any data feed, and does not use the visitor’s location or any other information about the visitor.

All Content, and all copyright, trade mark and other intellectual property rights in it, including the GrowthMog name and marks, are owned by or licensed to GrowthMog and are protected under the Copyright Act (Canada), the Trademarks Act (Canada) and applicable international conventions.

No licence is granted other than a limited, revocable, non-exclusive right to view the Site for the purpose of evaluating the Services.

Deliverables produced for a Client in the course of an engagement, including accounts, listings, written copy and photography, are the property of that Client and remain so upon termination of the engagement, in accordance with the terms described on the pricing page and the written engagement.

You may access the Site, review the Content and submit a genuine enquiry through the contact form.

You must not: (a) copy, reproduce, republish or exploit the Content for commercial purposes; (b) employ any automated means to scrape, index or harvest the Site other than a conventional search engine crawler acting in accordance with our robots directives; (c) attempt to gain unauthorised access to the Site or any related system; (d) transmit any malicious code or impose an unreasonable load upon our infrastructure; (e) submit false, misleading or unsolicited content through the contact form; or (f) use the Site in contravention of any applicable law.

GrowthMog reserves the right to restrict access to the Site by any person who breaches this Section, without notice and without prejudice to any other remedy.

Information submitted through the contact form is handled in accordance with the Privacy Policy.

You represent that information you submit is accurate, that you are authorised to provide it, and that you are acting on behalf of the business you identify.

The Site may link to websites and services operated by third parties. Those links are provided for convenience only and do not constitute an endorsement. GrowthMog does not control and is not responsible for the content, availability, terms or practices of any third-party site or platform.

Where the Services are performed on a third-party platform, the Client’s use of that platform is governed by that platform’s own terms of service.

The Site is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, GrowthMog disclaims all representations, warranties and conditions, whether express, implied or statutory, including any implied warranty of merchantability, fitness for a particular purpose, accuracy, or non-infringement.

GrowthMog does not warrant that the Site will be uninterrupted, timely, secure or free of error, or that the Content is complete or current.

To the fullest extent permitted by law, GrowthMog and its principals, employees and contractors shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profit, revenue, business, goodwill, opportunity or data, arising out of or in connection with the Site or reliance upon the Content, whether founded in contract, tort, negligence, statute or otherwise, and whether or not GrowthMog was advised of the possibility of such loss.

The aggregate liability of GrowthMog arising out of or in connection with the Site shall not exceed the greater of (a) the total fees paid by you to GrowthMog in the three (3) months immediately preceding the event giving rise to the claim, and (b) one hundred dollars ($100).

Nothing in these Terms excludes or limits liability for fraud, fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law. Where a limitation in this Section is held unenforceable, it shall be construed as limited to the maximum extent permitted, and the remaining provisions shall continue in force.

You shall indemnify and hold harmless GrowthMog and its principals, employees and contractors from any claim, demand, loss, liability, cost or expense, including reasonable legal fees, arising out of your breach of these Terms, your misuse of the Site, or your violation of any law or of the rights of any third party.

These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of laws principles.

The courts of the Province of Ontario shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms or the Site, and you irrevocably attorn to that jurisdiction.

Where a Client is resident outside Canada and has entered into a separate written engagement specifying a different governing law or forum, that engagement prevails in respect of the Services.

Severability. If any provision of these Terms is held invalid or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force and effect.

No waiver. A failure or delay by GrowthMog in exercising any right under these Terms does not constitute a waiver of that right.

Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and GrowthMog with respect to the Site, and supersede all prior communications in that respect.

Assignment. You may not assign your rights under these Terms. GrowthMog may assign these Terms in connection with a reorganisation or a transfer of its business.

Amendment. GrowthMog may amend these Terms at any time by posting the amended Terms on the Site. The effective date at the head of these Terms indicates when they were last revised, and continued use of the Site following that date constitutes acceptance of the amended Terms.

Survival. Sections 7, 11, 12, 13 and 14 survive any termination of your use of the Site.

Enquiries concerning these Terms may be directed to GrowthMog, attention Jatin Bagga, at contact@growthmog.com or (905) 783-9701, 8:00 a.m. to 8:00 p.m. Eastern Time, Monday to Saturday.