TERMS AND CONDITIONS (VIP SUBMISSION SERVICE)

By purchasing and/or participating in the VIP Submission Service membership (hereafter “VIP Service”), you are agreeing to the following terms. Please read this Agreement carefully before purchasing, accessing, or using Growology (hereafter the “Company”) proprietary materials, which include any written, audio, or visual presentations or documents associated with VIP SERVICE.

If you do not understand or do not accept this agreement, please do not purchase this program and do not access any of the Company’s proprietary materials.

Overview

The terms “Company,” “we,” “us,” and “our” refer to Growology. The term “Site” refers to growology.com.au. The term “Client,” “user,” “you,” and “your” refers to clients, client team members (including employees, contractors, and other representatives of the client and client’s company), and any other users of the site. The terms “Service” and “Program” refer to the services included in VIP SERVICE membership as outlined below.

Use of the Service, including all information and educational materials presented herein by Growology, is subject to the following terms and conditions. These Terms and Conditions apply to all clients and all other users of the site. By purchasing the program and/or using the Site or Service, you agree to these Terms and Conditions without modification and acknowledge reading them.

1. Scope of Services

(a) VIP SERVICE membership includes the following services:

Implementation of funding strategy (up to 3 grant submissions per 6-month period for the 3-grants package or up to 5 grant submissions per 12-month period for the 5-grants package, from the signed date of acceptance).6- and 9-month grant report card (for the 5-grants package only).Regular updates: We will research for you monthly and will touch base with you when something new arises that might be of interest.“Done for you” service: We will, to the best of our ability, draft your submissions, identify new opportunities that arise which may be of interest to you, collate your supporting evidence for each grant, and submit these. We will likely still need to speak with you about each grant and collect grant and project-specific details from you.

The VIP SERVICE membership services outlined above are hereafter referred to as “the Services” or “Program.”

(b) The Services may only be accessed while you are a current paying member of the Program.

(c) Any additional services provided by the Company to the Client may require additional fees to be discussed and agreed upon by the parties. Refer to the pricing schedule in the VIP Onboarding document.

(d) The Services are provided and made available by the Company to the Client. No compensation or discounts will be provided if the Client does not access the Services.

(e) If a grant is canceled after the Company has submitted the grant application, this will count towards the Client’s agreed-upon grant submissions for the package selected.

(f) The grant submissions included in each package exclude the Research and Development Tax Incentive Scheme application.

Here’s what you will also get with the VIP SERVICE:

Ongoing Grant Research & Monitoring: So you’re always ahead of new funding opportunities.

Personalised Monthly Strategy Calls: We align grant applications with your evolving business needs.

Expert Grant Writing & Submission: From concept to final submission, our team crafts applications designed to win.

Tracking & Follow-Ups: We keep you updated, ensuring you never miss a step.

Strategic Recommendations & Ideas: Insights beyond grants, helping you maximise every funding opportunity.

2. Client Duties

(a) Compensation: In consideration for the Services provided by us to you as set forth in paragraph 1 above, you agree to pay us the current program fee at the time of joining as a one lump sum payment for the agreed-upon period or in monthly payments. You agree that you will automatically continue to be charged on a month-to-month basis after the initial period until you cancel. You understand that you will receive an invoice reminder for these payments. In the event that any authorised charge applied by our third-party credit provider to your card fails, you remain responsible for payment as agreed herein, as well as any penalty fees as detailed in paragraph (b).

(b) Late payment fee: If any fee outlined in paragraph (a) remains unpaid on the 7th day following its due date, a penalty fee of ten percent (10%) of the payment due will be assessed. We reserve the right to restrict your access to the Services or terminate your participation in the Services unless and until all outstanding program fees and assessed penalties are paid in full. If your Program fees remain unpaid 15 days after the initial due date, your account will be referred to our collections agency.

(c) Payment Security and Chargebacks: To the extent that the Client provides the Company with Credit Card(s) information for payment on the Client’s account, the Company shall be authorised to charge the Client’s Credit Card(s) for any unpaid charges on the dates set forth. If the Client uses a multiple-payment plan to make payments to the Company, the Company shall be authorised to make all charges at the time they are due and not require separate authorisation in order to do so. The Client shall not make any chargebacks to the Company’s account or cancel the credit card that is provided as security without the Company’s prior written consent. The Client is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. The Client shall not change any of the credit card information provided to the Company without notifying the Company in advance.

(d) Tools to be Provided by You: You agree to provide all tools, information, and documentation that may be required by us to effectively perform said responsibilities in connection with the Services. If a grant application is commenced, and you do not provide us with the necessary information to finalise the grant, this will count towards your grant submissions for the selected package.

(e) Additional Client Duties: You understand that your success in the program is dependent upon your level of participation in the Services. In order to get the most out of the Service, you must also work to implement the tools and strategies learned throughout the Service and make considerable efforts toward your own personal and professional development on your own time during the term of Services. You are responsible for requesting support from us if needed.

3. Term

The term of this Agreement shall begin on the date recorded in your signed acceptance sheet and will continue for 6 months (for the 3-grants package) or 12 months (for the 5-grants package) from that date or until the maximum number of grant submissions for the package has been applied for, whichever comes first. In cases where changes to the macro environment prevent us from finding or applying for the agreed number of grants within the package period, we commit to 'owing' you the remaining grants.

4. Cancellation Policy

Your monthly payments are a payment plan option we offer, sometimes via a third-party payment provider to help you with covering the cost of our VIP service. If you choose not to continue your engagement with us as your grant consultants, you will not be eligible for a refund and you will continue to be charged the monthly fees until your final payment has been received. No refunds will be made under any circumstances. Your initial strategy and assessment payment is non-refundable. To cancel your membership, contact [email protected].

5. No Guarantees

We cannot guarantee the outcome of the Services and our comments about the outcome are expressions of opinion only. We make no guarantees other than that the Services described in Paragraph 1(a) shall be provided to you in accordance with these Terms and Conditions. You acknowledge that we cannot guarantee any results of the Services as such outcomes are based on subjective factors (including, but not limited to, your participation and/or political or Government changes in policy and/or direction) which cannot be controlled by us.

5A. Grant Application Disclaimer and Client Responsibilities

(a) No Guarantee of Grant Success

Growology applies professional expertise to maximise your chances of success; however, we cannot guarantee any specific grant outcome. Final decisions are made solely by the funding bodies and may be influenced by factors beyond our control.

(b) Grant Competitiveness

Grants are highly competitive. Success can be influenced by funding availability, current government or sector priorities, and the strength of competing applications. Growology makes no warranties regarding outcomes.

(c) Client-Supplied Information

You are responsible for providing accurate, complete, and timely information, including business details, financial data, and required documentation. Growology shall not be held liable for outcomes influenced by inaccuracies or delays in client-provided materials.

(d) Document Requirements & Attachments

Most applications require supporting documentation (e.g., financial reports, business plans, insurance certificates). It is your responsibility to ensure these are current and available. Missing or outdated documents may impact eligibility or competitiveness.

(e) Timely Provision of Information

To meet submission deadlines, Growology requires all requested materials by an agreed-upon date. If deadlines are missed due to client delays, Growology assumes no responsibility for late or unsubmitted applications.

(f) Collaboration & Communication

The grant process requires proactive collaboration. Clients must be available for clarification, approvals, and feedback throughout the preparation phase.

(g) Submission Contingency

Growology reserves the right to withdraw from preparing or submitting any application if required materials are not provided on time or are deemed significantly incomplete, inaccurate, or non-compliant.

(h) Changes to Grant Guidelines

Funding bodies may alter criteria or priorities at short notice. While Growology stays informed, we are not liable for last-minute changes affecting eligibility or results.

(i) Post-Submission Responsibilities

If a grant is successful, you are responsible for post-award compliance, reporting, and acquittals unless you engage Growology under a separate agreement for post-funding support.

6. No Legal Services and No Attorney-Client Relationship

You understand that enrollment and participation in the Services does not amount to an Attorney-Client relationship between you and us, our employees, or contractors, unless we enter into a separate written agreement with you for legal services. You understand that, with respect to the Services, Company’s founder, employees and contractors are not acting in their capacity as attorneys and no statements or information made by Company’s founder, employees and contractors shall be construed as legal advice. You further understand that, although legal information may be communicated to you during the Services, such information is not legal advice. Your reliance on such legal information is at your own risk.

7. Confidentiality

(a) Client Information

Any and all Client information and data of a confidential nature, including but not limited to any and all design, creative, marketing, sales, operating, performance, know how, business and process information (hereinafter referred to as “Confidential Information”), shall be treated by Company in the strictest confidence and not disclosed to third parties or used by Company for any purpose other than for providing Client with the services specified hereunder without Client’s express written consent, other than to comply with law. Confidential Information shall not include any information which (a) becomes available to the public through no breach of confidentiality by Company, (b) was in Company’s possession prior to receipt from the disclosure, (c) is received by Company independently from a third party free to disclose such information, or (d) is independently developed by Company without use of the Client’s Confidential Information.

(b) Participant Information

Client agrees to keep confidential any Confidential Information, as defined in paragraph 7(a), shared by fellow participants in the Program (herein referred to as “Participants”).  Any Confidential Information shared by Participants is confidential, Proprietary, and belongs solely and exclusively to the Participant who discloses it. Client agrees not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the Facebook group or otherwise. Client agrees not to use such Confidential Information in any manner other than in discussion with other Participants during the Program. Confidential Information shall not include information rightfully obtained from a third party. Client will keep Participants’ Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, loss and theft.

(c) Company Information

Client agrees to keep confidential any Confidential Information, as defined in paragraph 7(a), shared by Company in the Program.  Any Confidential Information shared by Company, its employees or contractors is confidential, Proprietary, and belongs solely and exclusively to Company. Client agrees not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the Facebook group or otherwise. Client agrees not to use such Confidential Information in any manner other than in discussion with other Participants during the Program. Confidential Information shall not include information rightfully obtained from a third party. Client will keep Company’s Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, loss and theft.

(d) Non-Disparagement

Client shall, during and after the participation in the Program refrain from making any statements or comments of a defamatory or disparaging nature to any third party regarding Company, or any of Company’s officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law.

(e) Violations of Confidentiality

Client agrees that if Client violates or displays any likelihood of violating this paragraph 7 the Company and/or the other Program Participant(s) will be entitled to injunctive relief to prohibit any such confidentiality violations to protect against the harm of such violations.

8. Independent Contractors

(a) Independent Contractor Relationship

These Terms and Conditions shall not render Company an employee, partner, agent of, or joint venturer with the Client for any purpose. Company is and will remain an independent contractor in its relationship to the Client. Company is or remains open to conducting similar tasks or activities for entities other than the Client and holds itself out to the public to be a separate business entity. Company shall retain sole and absolute discretion in the manner and means of carrying out the activities and responsibilities under these Terms and Conditions. Company shall be responsible to the ownership and management of the Client, but Company will not be required to follow or establish a regular or daily work schedule. Company will not rely solely on the equipment or offices of Client for completion of tasks and duties set forth pursuant to these Terms and Conditions. Any advice given to Company regarding services performed for the Client shall be considered a suggestion only, not an instruction.

(b) Taxes & Benefits

Company will be responsible for filing its own tax returns and to pay taxes in accordance with all provisions of applicable Federal and State law. Client shall not be responsible for withholding taxes with respect to Company’s compensation. Company shall have no claim against Client for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits or employee benefits of any kind.

9. Ownership of Intellectual Property

Client agrees that the Program contains proprietary content (“Intellectual Property”) that is owned solely by Company and/or its licensors and is protected by copyright, trademark, and any other applicable intellectual property laws. Company retains the sole right to use, reproduce, and distribute the Intellectual Property throughout the world in any and all mediums. Company grants Client a license to use the Intellectual Property solely for Client’s own noncommercial purposes. Client agrees that it has no right to create derivatives of, share, reproduce, distribute, modify, translate, post, license, sell, loan or otherwise exploit the Intellectual Property, whether commercially or non-commercially, and acknowledges that doing so constitutes a violation of law. For the avoidance of doubt, Client agrees not to create any derivative products, blog posts, websites, guides, worksheets, tool kits, videos, audio recordings, or the like based on Company’s Intellectual Property or that in any way violate Company’s Intellectual Property. Any registered or common law trademark, service mark, logo or tagline used in conjunction with the Program is property of the Company. Client may not use such trademarks or service marks for any purpose except with written permission by Company.

10. Warranties

(a) Company’s Warranties

Company represents, warrants and covenants that, Company has full authority to enter into these Terms and Conditions and all of the Services, whether performed by Company or any of its subcontractors, will be rendered using sound, professional practices and in a competent and professional manner by knowledgeable and qualified personnel.

(b) Client’s Warranties

Client represents, warrants and covenants that Client has full authority to enter into these Terms and Conditions and has or will obtain, during all times relevant hereunder, all of the necessary consents, rights, licenses, clearances, releases or other permissions to lawfully consummate the transactions and lawfully discharge, in all material respects, each and every of Client’s obligations or duties set forth hereunder, whether performance is due now or hereafter during the Term.

(c) Except for the express warranties provided throughout these terms, neither party makes any other warranties, express or implied.

11. Limitation of Liability

(a) In no event shall company have any liability to client for any lost profits, loss of use, business interruption, costs of procurement of substitute goods or services, or for any indirect, special, incidental, multiple, exemplary, punitive, or consequential damages however caused and, whether in contract, tort or under any other theory of liability, whether or not either party has been advised of the possibility of such damage; and

(b) In no event shall Company’s liability to Client exceed the fees paid by client under these terms, whether in contract, tort or under any other theory of liability.

(c) The foregoing limitations in this section 11 shall not apply to a breach of confidentiality by a party hereunder or the obligations under paragraphs 7, 9 and 19.

12. Indemnification Clause

To the fullest extent permitted by law, the Client agrees to indemnify, defend, and hold harmless Growology and its employees, contractors, and affiliates from and against any and all claims, liabilities, damages, losses, or expenses (including legal fees) arising out of or in connection with (a) the Client’s misuse of any grant funds, (b) any false, misleading, or inaccurate information supplied by the Client, or (c) the Client’s failure to comply with the terms of the funding agreement or relevant laws.

13. Effect of Headings

The subject headings of the paragraphs and subparagraphs of these Terms and Conditions are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

14. Entire Agreement; Modification; Waiver

These Terms constitute the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No supplement, modification, or amendment of these Terms and Conditions shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of these Terms and Conditions shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.

15. Neutral Construction

These Terms and Conditions were prepared by Company and/or Company’s legal counsel. It is expressly understood and agreed that these Terms and Conditions shall not be construed against Company merely because they were prepared by its counsel; rather, each provision of these Terms and Conditions shall be construed in a manner which is fair to both parties.

16. Changed Terms

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on the Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

17. Assignment

These Terms and Conditions shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors, and assigns; provided, however, that Client may not assign any of its rights under these Terms and Conditions, except to a wholly owned subsidiary entity of Client. No such assignment by Client to its wholly owned subsidiary shall relieve Client of any of its obligations or duties under these Terms and Conditions.

18. Notices

All notices, requests, demands, and other communications under these Terms and Conditions shall be in writing and properly addressed as follows:

Growology

53 Kiers Rd

Miami, QLD 4220

To Client at Client’s address provided at the time of purchase.

Any party may change its address for purposes of this paragraph by giving the other parties written notice of the new address.

19. Governing Law; Venue; Mediation

These Terms and Conditions shall be construed in accordance with, and governed by, the laws of the State of Queensland as applied to contracts that are executed and performed entirely in Queensland. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to these Terms and Conditions by negotiation. The parties further agree that their respective good faith participation in negotiation discussions is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.

20. Recovery of Litigation Expenses

If any legal action or any arbitration or other proceeding is brought for the enforcement of these Terms and Conditions, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of these Terms and Conditions, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

21. Severability

If any term, provision, covenant, or condition of these Terms and Conditions is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the These Terms and Conditions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

22. Force Majeure Clause

Growology shall not be liable for any delay or failure to perform its obligations under this Agreement if such delay or failure arises from events beyond its reasonable control, including but not limited to natural disasters, pandemics, war, acts of government, system outages, or failures by third-party service providers. In such events, Growology will use reasonable efforts to mitigate the impact and resume services promptly.

Questions about these Terms and Conditions? Email us at [email protected].

Updated: May 2025