1. Your use of any services or products (also
referred to as “offering”) offered by Topgrowth is subject to
the terms and conditions mentioned in this document, without
prejudice to any additional terms which may be part of the
agreement specific to the service that you wish to avail. Your
agreement with Topgrowth will always include, at a minimum, the
terms and conditions set out in this document.
2. The terms “Topgrowth”, “we”, “us”, “our” or any
grammatical variation of the preceding terms shall refer to
Topgrowth , whereas the terms “you”, “your” or any grammatical
variation shall refer to our clients or the user of any of our
interfaces including but not restricted to our websites or
3. Acceptance of Terms of Services
3.1 You are expected to be aware of our terms of services prior
to making use of our services. Your use of our websites or any
other means of communication to interact with us shall be
construed as your acceptance of our Terms of Service even if no
transaction has taken place.
3.2 In order to make use of our services you must agree to the
terms laid down in this document. You may not make use of our
services if you do not agree to our terms of service.
4. Provision of the Offering by Topgrowth
4.1 Topgrowth intends to provide you with the finest services
and products and we would try to innovate our services with
time. You acknowledge that the nature or the form of the
services offered by us may change with time.
4.2 You acknowledge and agree that Topgrowth may stop
(permanently or temporarily) providing the offering (or any
features within the offering) with or without notice, generally
at Topgrowth's sole discretion.
4.3 You acknowledge and agree that while Topgrowth may not
currently limit your use of the offering in any way, it may do
so if your use hinders with the ability of Topgrowth to carry on
its operations or the ability of other customers to use the
4.4 The supply of the offering will be subject to your making
payments at the regular intervals in the manner as stated in the
contract for the service. In the event of the service being
permanently or temporarily stopped by us, Topgrowth's liability
shall extend only to forfeiting the outstanding amount due for
the current billing cycle. Topgrowth shall not be called on to
repay any amount received by us during any previous billing
4.5 Topgrowth shall not be responsible for any loss or damage
caused by modification of the features, limitation of use of our
offering or the discontinuation altogether thereof.
5. Use of Topgrowth's Offering
5.1 In order to access certain offering or for your continued
use of the offering, you may be required to provide information
about yourself. You agree that any information you give to
Topgrowth will always be accurate, correct and up to date.
Topgrowth shall not be liable for any loss or damage caused due
to faulty information provided to us by you
5.2 We may share client’s personal information with our
employees or any third parties as and when considered necessary
by us (e.g. certain information of our clients could be shared
with third parties for the process of payment for our services).
For more information regarding the manner in which client’s
personal information handled by Topgrowth kindly refer to our
5.3 Unless you have been specifically permitted to do so in a
separate agreement with Topgrowth, you agree that you will not
reproduce, duplicate, copy, sell, trade or resell the offering
for any purpose.
5.4 You agree that you are solely responsible for any breach of
obligations on your part of the Terms mentioned in this document
or in any contract between you and Topgrowth and for the
consequences (including any loss or damage which Topgrowth may
suffer) of any such breach.
5.5 We try to ensure that any confidential information provided
by you is protected. You agree and acknowledge that in the very
unlikely event of your credentials becoming known to a third
party on account of an intrusion into Topgrowth's database,
Topgrowth shall not be made liable for the resulting damages.
5.6 The third party web sites may use technology to send
(or “serve”) the content of our web site and to process payments
for the purchase of services on our web site etc. Third parties
may host the servers that deliver our hosted services to our
customers. Hyperlinks to the websites of third parties might be
placed on our websites. The use of the services offered by such
third parties shall not be subject to this document or our
in making use of services provided by other parties. Topgrowth
shall not be responsible for the services provided by any third
6. Security of your account
6.1 Topgrowth shall provide its services primarily through its
websites. You might need to make use of a web-based account to
make use of our services. You agree and understand that you are
responsible to Topgrowth and to third parties for maintaining
the confidentiality of passwords associated with any account you
use to access the offering. You will be solely responsible for
all activities that occur under your account.
6.2 Topgrowth will take due care to ensure the confidentiality
of your credentials. You agree and acknowledge that in the very
unlikely event of your credentials becoming known to a third
party on account of an intrusion into Topgrowth database,
Topgrowth shall not be made liable for the resulting damages.
6.3 If you become aware of any unauthorized use of your password
or of your account, you agree to notify the concerned personnel
at Topgrowth immediately.
7. Content in the offering
7.1 You should be aware that content presented to you as part of
the offering, including but not limited to advertisements and
promotional material of Topgrowth or other companies, is
protected by intellectual property rights which are owned by
Topgrowth, or the sponsors or advertisers who provide that
content to Topgrowth (or by other persons or companies on their
behalf). You may not modify, rent, lease, loan, sell,
distribute, copy or create derivative work based on this content
(either in whole or in part) unless you have been specifically
permitted to do so by Topgrowth or by the owners of that
content, in a separate agreement.
7.2 Any content being disseminated using Topgrowth's sales
network or the product, service or platform may be pre-screened,
reviewed, flagged, filtered, modified or simply refused or
removed. Any spam or pornographic material and / or any illegal
content will be immediately deleted and we reserve the right to
take appropriate legal action.
7.3 You agree that you are solely responsible for (and that
Topgrowth has no responsibility to you or to any third party
for) any content that you create, transmit or display while
using our offering or for the consequences of your actions
(including any loss or damage which Topgrowth may suffer) by
7.4 You understand that by using the offering you may be exposed
to content of other users that you may find offensive, indecent
or objectionable and that, in this respect, you use the offering
at your own risk. Topgrowth shall not be made responsible for
any repugnant content circulated on its offering by other users.
On noticing any such content, it is your duty to bring it to the
attention of Topgrowth employees immediately.
8. Intellectual Property Rights
8.1 You acknowledge and agree that Topgrowth owns all legal
right, title and interest in and to the offering, including any
intellectual property rights which subsist in the offering
(whether those rights happen to be registered or not, and
wherever in the world those rights may exist). You further
acknowledge that the offering may contain information which is
designated confidential by Topgrowth and that you shall not
disclose such information without Topgrowth's prior written
consent. Unauthorised use of our trademark, logos etc shall be
punishable under appropriate the United States laws.
8.2 You additionally agree that in using the offering, you will
not use any trade mark, service mark, trade name, logo of any
company or organization in a way that is likely or intended to
cause confusion about the owner or authorized user of such
marks, names or logos. Services obtained from Topgrowth through
unauthorized use of such trademarks, service mark etc shall be
considered as forgery.
8.3 Topgrowth acknowledges and agrees that it obtains no right,
title or interest from you (or your licensors) under these terms
in or to any content that you submit, post, transmit or display
on, or through, the offering, including any intellectual
property rights which subsist in that content (whether those
rights happen to be registered or not, and wherever in the world
those rights may exist). Unless you have agreed otherwise in
writing with Topgrowth, you agree that you are responsible for
protecting and enforcing those rights and that Topgrowth has no
obligation to do so on your behalf.
8.4 Topgrowth gives you a Personal Non-Exclusive license to use
the interface provided to you by us as part of the offering.
This license is for the sole purpose of enabling you to use and
enjoy the benefit of the offering as provided by Topgrowth, in
the manner permitted by these terms.
8.5 The source code of the interface provided by us is protected
under various laws. You may not (and you may not permit anyone
else to) copy, modify, create a derivative work of, reverse
engineer, decompile or otherwise attempt to extract the source
code of the interface or any part there of.
8.6 Unless Topgrowth has given you specific written permission
to do so, you may not assign (or grant a sub-license of) your
rights to use the service or otherwise transfer any part of your
rights to use the service.
8.7 The payment mode for the offering may be either fixed,
invoice based or recurring. The payment cycle will be in the
manner decided at the discretion of Topgrowth.
9. Termination of your relationship with Topgrowth
9.1 The Terms will continue to apply until terminated by either
you or Topgrowth as set out below.
9.2 Topgrowth may at any time, terminate its legal agreement
with you if:
9.2.1 You have breached any provision of the terms (or have
acted in manner which clearly shows that you do not intend to,
or are unable to comply with the provisions of the terms); or
Topgrowth is required to do so by law (for example, where the
provision of the offering to you is, or becomes, unlawful).
9.2.2 When these terms come to an end, all of the legal rights,
obligations and liabilities that you and Topgrowth are subject
to in relation to the obligation to maintain confidentiality or
such other legal rights, obligations and liabilities which are
expressed to continue indefinitely, shall be unaffected by this
10. Refund Policy Topgrowth provide 30-days money
back guarantee. Charges may be refunded if Topgrowth is unable
to provide the services offered and described on this website.
EXCLUSION OF WARRANTIES
1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE
OF THE OFFERING IS AT YOUR SOLE RISK AND THAT THE OFFERING ARE
PROVIDED ON AN “AS IS
2. IN PARTICULAR, TOPGROWTH DOES NOT REPRESENT OR
WARRANT TO YOU THAT:
(A) YOUR USE OF THE OFFERING WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE OFFERING WILL BE UNINTERRUPTED, TIMELY,
SECURE OR FREE FROM ERROR
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF
THE OFFERING WILL BE ACCURATE OR RELIABLE, AND
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE OFFERING IS DONE AT YOUR OWN DISCRETION
AND RISK AND TOPGROWTH WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM TOPGROWTH OR THROUGH OR FROM THE
OFFERING SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE
5. TOPGROWTH FURTHER EXPRESSLY DISCLAIMS ALL
WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
AND CONDITIONS OF TRADE, FITNESS FOR A PARTICULAR PURPOSE AND
LIMITATION OF LIABILITIES
SUBJECT TO OVERALL PROVISION IN CLAUSE 11 ABOVE, YOU EXPRESSLY
UNDERSTAND AND AGREE THAT TOPGROWTH SHALL NOT BE LIABLE TO YOU
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY
THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO,
ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY),
ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA
SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR OFFERING,
OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING
BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: ANY CHANGES
WHICH TOPGROWTH MAY MAKE TO THE OFFERING, OR FOR ANY PERMANENT
OR TEMPORARY CESSATION IN THE PROVISION OF THE OFFERING (OR ANY
FEATURES WITHIN THE OFFERING);
THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT
AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR
THROUGH YOUR USE OF THE OFFERING;
YOUR FAILURE TO PROVIDE TOPGROWTH WITH ACCURATE ACCOUNT
INFORMATION; YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT
DETAILS SECURE AND CONFIDENTIAL;
Changes to the Terms
1. Topgrowth may make changes to the terms from
time to time. Topgrowth shall try to inform you of such changes
as early as possible. Your continued use of the offering will
indicate your acceptance of the modified terms.
2. You understand and agree that if you use the
offering after the date on which the terms have changed, or
after the date by which you have to respond as per these terms
has passed, Topgrowth will treat your use as acceptance of the
General legal terms
1. The terms constitute the legal agreement between
you and Topgrowth and govern your use of the offering, but
without prejudice to any additional terms which may be part of
an agreement specific to the service you wish to avail of (but
excluding any offering which Topgrowth may provide to you under
a separate written agreement) , and completely replace any prior
agreements between you and Topgrowth in relation to the
2. You agree that if Topgrowth does not exercise or
enforce any legal right or remedy which is contained in the
terms (or which Topgrowth has the benefit of under any
applicable law), this will not be taken to be a formal waiver of
Topgrowth's rights and that those rights or remedies will still
be available to Topgrowth.
1. You and Topgrowth agree that any dispute
regarding agreement(s) between you and us shall be referred to
arbitration. The arbitrator shall be appointed by Topgrowth and
the seat of arbitration shall be the United States.
2. Any other dispute or disagreement of a legal
nature will also be decided in accordance with the laws of the
United States, and the Courts of the United States shall have
exclusive jurisdiction in all such cases.