Terms & Conditions
These Terms and Conditions (the “Terms and Conditions”) govern your (the “User”) use of the Mygrow (the “Provider”) website, and all related platforms located at the domain name mygrow.me (the “Website”). The User acknowledges and agrees that access to the Website is provided only in accordance with these Terms and Conditions. By using the Website, the User indicates that they have read these Terms and Conditions, that they accept that these Terms and Conditions are binding on them and they agree to abide by these Terms and Conditions.
Mygrow is a personal development platform for adults. By agreeing to these terms and conditions the subscriber confirms that they are 18 years or older. Mygrow may not be held liable for any minors who make use of the platform. Should any minor make use of the service, the legal guardian holds full responsibility for any and all consequences that may be associated with the Minor’s use of Mygrow’s platform, services, content, techniques, staff or any aspect of the Mygrow platform or product.
The User may not access, display, use, download, and/or otherwise copy or distribute any content including text, graphics, images and information, contained on or available through the Website (the “Content”) for marketing and/or other purposes without the prior written consent of the Provider, which consent the Provider reserves the right to refuse.
In the case of a Point of Contact (POC) within the specific company, for ease of reference and access, the client POC and champions will receive access to the Mygrow Success Portal, where all the plans, templates, tools, activities, and resources are readily available in a central location. This portal is regularly updated and enhanced to ensure the intervention is supported and geared for success. These resources are for the sole purpose of adding value to a corporate journey and may not be duplicated, displayed, used or downloaded, or otherwise distributed outside of the context of a journey of EQ Development for Mygrow- licensed individuals who are within the particular organisation.
The Provider and the Website do not represent or hold themselves out to be qualified to provide professional medical advice, diagnosis and/or treatment. The information on the Website is not, nor is it intended or implied to be, a substitute for professional medical advice, diagnosis and/or treatment and should not be treated as such. All Content on the Website is for general information purposes only.
The Provider provides Content to increase awareness of Emotional Intelligence (“EQ”) and facilitates the implementation of EQ techniques. The service of the Provider is in no way a replacement for any medical or pharmaceutical drugs or professional counseling or treatment. The Provider accepts no liability for any decision the User takes regarding the commencement or discontinuation of such pharmaceutical or medical (psychiatric or otherwise) drug. Likewise, the Provider is not liable for decisions any User takes to discontinue any counseling service or treatment (professional or informal), that the User has been engaged in prior to – or during – their use of the Provider’s Emotional Intelligence development training.
Never disregard professional medical advice or delay seeking medical treatment because of something you have read, or accessed, through this platform.
The User acknowledges and understands that the use of the Website and/or App and the online services it provides is entirely at the User’s risk. The Provider and its affiliates, shareholders, agents, consultants or employees are not liable for any damage or loss whatsoever relating to your use of the Website or the online services it provides or the information contained on the Website or your inability to use this Website or the online services for any reason other than our gross negligence or willful misconduct or that of our employees or agents. This includes, without limitation, any direct, indirect, special, incidental, consequential, or punitive damages, whether arising out of contract, statute, delict, or otherwise, and regardless of whether we were expressly advised of the possibility of such loss or damage.
The Provider provides techniques aimed at developing EQ through micro-learning, including the use of written material, videos, and other mediums of communication available on and through the Website (the “Services”). The Services are available for use on an individual and corporate basis.
The private individual User who is not on a free trial subscription, pays a fee to the Provider in exchange for the following:
- Individual User Access to the online learning platform, on a “drip-feed”, (time-limited but effective over a longer period of time access) subscription;
- The availability of a bi-annual psychometric EQ assessment for the User;
- Use of Content on the Mygrow app or website for the identification and the development of individual EQ through the use of techniques known to enhance EQ; and
- Continued access to all of the above for the duration of an active subscription, whether paid monthly or annually
See Corporate Terms and Conditions at this link.
PAYMENT AND PRIVACY
The Provider will not request or require any payment details should the User have signed up for a free trial or received access as procured by a corporate Company. There is no automatic conversion of a free trial to a paid subscription.
The Provider provides the Services to the User on the basis of a time-based subscription. The onus is on the relevant User to maximise access to the Website and its Content during the period of the relevant User’s subscription (the “Subscription Period”).
Payment through a Corporate Procurement Process
Should subscriptions be purchased by a Corporate Client, the process for this will be discussed through one of several ways:
- A formal RFQ process and subsequent signed Agreement
- Engagement with our Sales Department
- Engagement with your Key Account Manager from our Client Success Team – particularly in the case of renewing access
- Should you wish to enquire about this, please book a meeting here
CONFIDENTIALITY AND DATA PROTECTION
Mygrow endeavours to diligently uphold the laws and regulations outlined in the latest versions of the South African Protection of Personal Information Act (POPIA) and the European General Data Protection Regulation (GDPR) and to act in good faith towards all aspects of data protection relating to the Individual Client or Employees of a Company (corporate subscriptions).
A full outline of the POPIA and GDPR compliance documents relating to Mygrow’s Data Protection policies can be found by clicking on the above links. This section outlines specific Data Protection aspects relating to the Individual Client or Employees of a Company (corporate subscriptions).
Pursuant to fulfilling its functions and complying with its obligations in terms of the Agreement, the Client and its Employees may be required to transfer Data to the Processor, who in turn requires access to such Data for the sole purpose of fulfilling its obligations.
Unless otherwise agreed to in writing, the Processor will only Process the Data for the purposes of providing the service of the product that Mygrow offers, or as part of Mygrow’s ongoing research and development for contribution to promoting the field of Emotional Intelligence.
In the case of an Individual Client or Employee of a Company, accepting these Terms and Conditions constitutes the granting of access to the relevant Data detailed below, as contemplated in terms of POPIA / GDPR
Other than to authorised Employees of the Processor who require access to such Data strictly in order for the Processor to Process the Data for the purposes of providing the Service, the Processor shall not disclose or otherwise make available the Data to any third party (including technique coaches, sub-contractors, affiliates or Employees), except where the Processor has concluded appropriate written agreements with such third parties, containing similar terms to those set forth in these Terms and Conditions, dealing with that third party’s obligations in respect of its Processing of the Data.
The Parties specifically record that all Data provided by the Client to the Processor shall constitute Confidential Information.
In keeping with the European GDPR convention, the eight fundamental rights of each user have been considered as part of Mygrow’s EU GDPR Compliance.
Consent to Process and Retain Specific Information
The following information is stored, processed, and required for the effective roll-out and engagement with the Processor in terms of this Agreement:
- For the purposes of access to and contact with the person who will be using the subscription:
- Name and Surname
- Contact details (including email and phone number)
- Optional and only to enhance the user experience through personalisation: Date of birth (but not their identity numbers)
- Optional and only to enhance the user experience through personalisation: Gender
- For the purposes of providing an effective EQ development service to an Individual Client or Employee of a Company:
- The technique responses, including written, photo, or video feedback, voluntarily provided to the Processor, by the relevant Individual Client or Employee of a Company;
- The EQ assessments and feedback data completed and received for the relevant Individual Client or Employee of a Company; or
- Photo of the Individual Client or Employee of a Company (optional and only where such person voluntarily opts to upload such photo onto the Mygrow platform, as part of the personalised use of their subscription).
The Processor stores the above information primarily on digital or cloud-based platforms, which may include international servers, for the purpose of offering additional protection and security.
Access to the above information is limited to authorised representatives of the Processor (enquire with us for our Data Mapping sheet), which require access to this information, only for the purposes identified in the scope of service. In addition, such parties are only able to access this information using two-factor authenticated Password Protected access points, while the Processor continues to monitor who has access to the relevant data, and for what purposes, as part of its ongoing Risk Assessments.
Where technique coaches have access to the technique input data of an Individual Client or Employee of a Company, for scoring and feedback purposes and at predetermined intervals, any identifying information is unobtainable without exception so that the inputs remain anonymous and randomised to the trained coaches. The coaches have a mechanism to “flag” users of concern, in instances where anything is shared that may mean the Individual Client or Employee of a Company may benefit from being referred to a mental health practitioner, which Mygrow’s internal staff deal with confidentially and directly with the specific person. In instances where there is inadvertent voluntary disclosure of information by the Employee within the input of the technique, the coaches are bound by their confidentiality agreements with Mygrow. In instances where there is inadvertent voluntary disclosure of incriminating information by the Employee within the input of the technique, the coaches are bound by South African legislation in this regard and may be compelled to inform Mygrow and relevant authorities.
The information is stored for the full duration of the Individual Client or Employee of a Company’s access to Mygrow, and for a further period of 36 (THIRTY-SIX) months after the termination date. This period is for internal business and compliance purposes, as well as to align with other Applicable Laws, which may require the Processor to retain this information for a longer period of time. The inputs given by an Individual Client or Employee of a Company have future value for them – should they choose to take Mygrow up again beyond current access or access that a Corporate License allows them.
While this period of dormancy continues to tick over, the usual high standard of privacy continues. It is furthermore under an even stronger veil of protection in that this information is never processed or accessed. Should any data subject expressly request that their personal data be permanently deleted prior to this period lapsing, the request should be made in writing and addressed to [email protected] after which we will ensure permanent deletion followed by written confirmation, within a reasonable amount of time, that this has been done.
Data Security Breach
The Provider cannot be held responsible for security breaches on the end-user’s electronic devices (Work or Personal Computers, laptops, smartphones, or any other electronic devices used to access the Website or Mygrow App), which may be a result of inadequate virus/ spyware/malware protection or procedures being followed by the User, registered individuals, or any other cause.
The User agrees that any individual or group data or other statistical data can be collected from them through their subscription with the Provider and use of the Website. The information will be of a general nature only, is not intended to address the specific circumstances of any particular individual or entity and is not necessarily comprehensive, complete, accurate or up to date as it pertains to a particular individual.
The User may visit the Website without providing any personal information. The Website servers will in such instances collect data to improve the User experience. The Provider will also use this information to determine how the Website is used and to improve Content. The Provider assumes no obligation to protect this information and may copy, distribute or otherwise use such information without limitation, subject only to applicable law.
The Processor shall notify the Client immediately when the Processor becomes aware of or suspects any loss, unauthorised access or unlawful use of any Data and shall, at its own cost, take all necessary remedial steps to mitigate the extent of the loss or compromise of Data and to restore the integrity of the affected information systems.
The Processor shall provide the Client with details of the Member(s) and/or Person(s) who are affected by the security breach and the nature and extent of the breach, including details of the identity of the unauthorised person(s) who may have accessed or acquired the Data (where permitted by Applicable Laws to do so).
The Processor shall provide the Client with reports on its progress in resolving the breach at reasonable intervals until such time as the compromise as a result of the breach is resolved.
In consultation with the Client and where required by any Applicable Laws, the Processor may be required to notify the requisite authorities and affected parties of a security breach, in a form containing such information as is sufficient to allow affected parties to take protective measures against the potential consequences of the breach.
The Processor shall provide co-operation in any investigation relating to security which is carried out by or on behalf of the Client, including providing any information or material in its possession or control, in line with the Promotion of Access to Information Act 2 of 2000,
and implementing new security measures, to the reasonable extent requested by the Client.
If the Processor is required to disclose any Data, as required by law, regulation, or court order or to comply with an obligation imposed by law on the Processor, it will also advise the Client thereof, unless otherwise instructed by an appropriate authority.
The Processor will take such steps as may be required to limit the extent of the disclosure to the extent that it lawfully and reasonably practically can, and will afford the Client a reasonable opportunity, if possible and permitted, to intervene in the proceedings and further, will comply with the Client’s reasonable requests as to the manner and terms of any such disclosure.
INDIVIDUAL USERS: Should the need arise for an Individual User to cancel their subscription, the following approach is recommended:
- Contact Mygrow through their signed-in personalised portal on the App or through the Website to notify of this requirement;
- In order to ensure no further funds are deducted via the payment gateway application, the Individual User is encouraged to cancel the funds-to-be-deducted directly through either PayFast or PayPal.
CORPORATE CLIENTS: Refer to the signed Agreement between the two parties (Provider and Client) for the terms relating to cancellation, together with information on the process, should it fall within pre-determined and agreed scenarios.
UPDATES TO THE TERMS AND CONDITIONS
The Provider will apply Best Practice in terms of notifying users of any change, modification, addition or removal, from portions, or the whole of, these Terms and Conditions from time to time. This may range from notifying users in writing to automatically updating the website, evaluated on a case-by-case basis. Changes to these Terms and Conditions will become effective upon such changes being posted to the Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
The Provider provides certain information on the Website. The content displayed on the Website or through the App is provided by the Provider, its affiliates, and/or subsidiaries, or any other third-party owners of such content. It includes, but is not limited to, literary works, artistic works, sound recordings, and cinematograph films. All such proprietary works, including the compilation of such proprietary works, are owned by the Provider, its affiliates, and/or subsidiaries, or any other third party owner of such rights (“the Owners”), and are protected by South African and international copyright laws. The Providers reserve the right to make any changes and/or upgrades to the Website, App, the Content, or to products and/or services offered through the Website and/or App from time to time. All rights in and to the Content are reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other rights, including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.
The Provider confirms that it will never publish personal information but may use anonymised aggregated trend data to demonstrate the overall impact of the process.
LIMITATION OF LIABILITY
Although we have taken all reasonable care to ensure that the content on this Website is accurate, the Provider (including its affiliates, shareholders, agents, consultants and employees) shall not be responsible for any damage or loss whatsoever that you may suffer as a result of relying on such content, other than damage and loss caused by our gross negligence or willful misconduct or that of our employees or agents.
The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis and may include inaccuracies or typographical errors. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither the Provider nor any holding company, affiliate or subsidiary of the Provider, shall be held responsible for any direct or indirect consequential, or other damage of any kind whatsoever, suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if the Provider is expressly advised thereof.
The Provider is in no way affiliated with or accredited by the Health Professions Council of South Africa (HPCSA) as a healthcare professional.
Users may find advertising or other content on the Website that links to third-party websites and services of the Provider’s suppliers, advertisers, sponsors, licensors, and other third parties. The Provider does not control the content or links that appear on these third-party websites and is not responsible for the practices employed by third-party websites linked to the Website. These third-party websites and services may have their own privacy policies and customer service policies. Browsing and interaction on any third-party website, including third-party websites which have a link to our Website, is subject to that third-party website’s own terms and policies.
ACCREDITATION AND AFFILIATION
The Provider is accredited by the Sector Education and Training Authority (SETA) as from 14 February 2017, (Accreditation Number: 12209) only for so long as it remains accredited by SETA.
CHOICE OF LAW
This Website is controlled, operated, and administered by the Provider from its offices within the Republic of South Africa. Access to the Website from territories or countries where the Content or purchase of the products sold on the Website is illegal is prohibited. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the non-exclusive jurisdiction of the Courts of South Africa in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions, with annexures, constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.
Any questions or concerns regarding these terms and conditions can be directed to [email protected].
The following ethical codes are examples of the professional practice obligations of certain Provider Staff:
CHILD PROTECTION: Open PDF to download the Children’s Act
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