Terms and Conditions

Welcome to SCALE2GROW!

SCALE 2 GROW is owned and operated by SCALE 2 GROW LTD.

These are the terms and conditions for:

https://www.scale2grow.co.uk

By using the website and services, you agree to be bound by these terms and conditions and our privacy policy. In these terms and conditions, the words "website" refers to the SCALE 2 GROW website, "we", "us", "our" and “SCALE 2 GROW” refers to SCALE 2 GROW and "you" “client” and “user" refers to you, the SCALE 2 GROW user.

The following terms and conditions apply to the website and services offered by SCALE 2 GROW. This includes the mobile and tablet versions as well as any other version of SCALE 2 GROW accessible via desktop, mobile, tablet, social media or other devices.

READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY INFORMATION OR SERVICE FROM SCALE 2 GROW.

1. ACCEPTANCE OF TERMS

This agreement sets forth legally binding terms for your use of SCALE 2 GROW. By using the website and services, you agree to be bound by this agreement. If you do not agree to the terms of this agreement, you must not use the website and services. We may modify this agreement from time to time, and such modification shall be effective upon posting on the website. You agree to be bound by any modifications to these terms and conditions when you use the website and the services offered on the website after such modification is posted on the website; therefore, it is important that you review this agreement regularly.

If you are using the services on behalf of your employer or another entity, you represent and warrant that you have full legal authority to bind your organisation to these terms. Accordingly, all references in these terms to “you” or “user” shall be deemed to include your organisation, except where the context may otherwise require. If you do not have such authority, then you may not use the service on behalf of your organisation and you must discontinue all use of the service immediately.

The services are not directed to persons under the age of 18. SCALE 2 GROW does not knowingly collect information from persons under the age of 18 or allow them to create an account or access the features of the services on their own. If you are under the age of 18, please do not submit any personal information about yourself to SCALE 2 GROW unless you have proper permission from the appropriate parent or legal guardian. It is the responsibility of parents and legal guardians to determine whether any of the content and services offered on the website is appropriate for their children or minors under their guardianship.

SCALE 2 GROW may, in its sole discretion, refuse to offer the services to any entity or user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the website is revoked in such jurisdictions.

The website and services may only be used in compliance with these terms and all applicable local, state, national and international laws, rules and regulations.

By using the website and services, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.

2. NOTIFICATIONS AND NEWSLETTER

By providing SCALE 2 GROW with your email address and telephone number, you agree that we may use your email address to send you important notifications and communications about our services, news and special content. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your request through our contact information or by using the "unsubscribe" option in the emails. Opting out may prevent you from receiving emails regarding our services, important news and special content.

3. SCALE 2 GROW INVESTMENT FUND

The SCALE 2 GROW investment fund is an Angel investment fund set up to support Midland based businesses who are looking to scale up to the next level of growth through investments between £25,000 - £250,000. The investment fund is aimed at accelerating business growth. It is not a method for clearing existing debt. The fund provides a line of credit for growth activities which could include product development; increased production facilities; new hires or any other purpose that will lead to increased scale.

The application process has 4 steps.

Step 1: Complete the initial pre-qualification form to check suitability. There are a short number of questions and you can also upload a pdf of any supporting material for your application. This step is pre-qualification. You do not need a 50-page investor pack (we will never ask for one of those!), just the outline of what you do, why you are great, and what your vision is for the business. When you submit the information you can book your discovery call.

Step 2: Application. If you have passed the pre-qualification eligibility then congratulations! Before we start the 3-4 week process there is a £2,000+VAT charge if you are seeking investment of up to £125,000. If you are seeking investment of up to £250,000 then there is an additional on-site 3 day assessment and report and so the cost of application is £5,000+VAT.

Step 3: We now will onboard and work with you and your management team to help you create or fine-tune your growth plan. In addition to in-person support you have access to our scaling toolbox of over 30 online practical tools, documents and exercises to help you really understand your business as it currently is and the use of additional funds. We also ask for your accountant to provide certain financial documents such as a cashflow forecast; balance sheet and profit & loss statement.

Step 4: Investment decision. We will have met you and visited your business during the investor readiness step. The final submission will be an impact canvas and scaling canvas. We will sit and talk through these documents face to face and then provide a decision. If the decision is a YES(!) then we will make an offer. If the decision is no then we will provide feedback on why the decision was not to offer investment and potentially offer alternatives to investment to support your business or even introductions to other potential investors.

The Output: At the end of the application process, whether you have received an offer or not, you are in possession of a robust, resilient scaling up growth plan that, in the process of its creation, will also have put your existing business processes, strategy, people and overall sustainability under the microscope. In addition, ongoing mentorship and consulting support will be available.

4. PAYMENTS

Payments for the investment fund will be paid through invoices created and sent by SCALE 2 GROW according to the amount invested by the user or investor. Payments and charges for the investment fund will be processed through Stripe. The payment will be charged to the user's credit/debit card immediately upon payment of the corresponding invoice. Upon processing a transaction, we will issue an electronic receipt which will be sent to the user's or investor's email address.

If you find any inconsistency in your billing, please contact us through our contact information or you can make the claim through the customer service of the corresponding payment website.

If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorisation. This usually takes 2 to 5 business days. Your card may be declined for various reasons such as insufficient funds, AVS (Address Verification System) mismatch or you have entered an incorrect security code.

If your payment is declined, you must provide an alternative payment method or provide another card where payment can be charged and processed.

Your payment data will be processed and stored by the payment processors available on this website (Stripe), which will process and store your data securely and for the sole purpose of processing payments from the investment fund. SCALE 2 GROW reserves the right to engage any payment website available on the market, which processes your data for the sole purpose of processing the investment fund payments.

5. DISCLAIMER

Please note that the outcome of the application process to the SCALE 2 GROW investment fund, is an investment package in which SCALE2GROW may invest, may pass on to another investor or may reject the investment, so the service provided by SCALE 2 GROW does not guarantee that the user or applicant will obtain an investment.

By applying to the SCALE 2 GROW investment fund, you agree that SCALE 2 GROW does not guarantee any profit outcome, success or failure. SCALE 2 GROW is not responsible for any losses or profits that our user or investors may suffer or obtain that are directly or directly related to the SCALE 2 GROW investment fund. The user acknowledges that the ultimate success or failure of the investment plan or fund provided by SCALE 2 GROW will be the result of the particular situation of each user or applicant beyond the control of SCALE 2 GROW.

By accessing the website and the content available on the website, including the content available through access to the Scaling Toolbox, the user accepts personal responsibility for the results of the use of the information available in the content. The client agrees that SCALE 2 GROW does not guarantee the results of any action taken, advised or not advised by this website or the content available through access to the Scaling Toolbox. SCALE 2 GROW provides resources and content for informational and educational purposes only. We do not warrant that the information available on the website and the Scaling Toolbox is accurate, complete or up to date. Any use of the material provided on this website and the Scaling Toolbox is the sole responsibility of the user.

6. SCALING TOOLBOX

Scaling Toolbox is a secure online portal containing over 30 tools, exercises and business documents organised to enable companies to overcome the top three barriers to growth and create the three behaviours that research studies highlight as common in successfully growing companies.

SCALE 2 GROW grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the platform and functionalities included in the Scaling Toolbox portal as part of our services. This licence is for the sole purpose of allowing you to use and enjoy the benefits of the functionalities available on the platform including the content available by accessing the portal. To use the platform and the functionalities available on the platform the user must register with a valid email address and select a password. The user may not copy, modify, distribute, sell or lease any part of our services or content included when accessing the portal, nor may the user reverse engineer or attempt to extract the source code of any software used by the platform, unless such restrictions are prohibited by law or the user has our written permission.

The user may close the user account at any time through the account settings or by sending us a request through our contact information. SCALE 2 GROW reserves the right to close and delete the user account, if the user violates any provision contained in these terms and conditions.

The user agrees not to use the platform and services in a negligent, fraudulent or unlawful manner. The user also agrees not to engage in any conduct or action that may damage the image, interests or rights of the SCALE 2 GROW platform or third parties.

SCALE 2 GROW reserves the right to terminate the user's access immediately, with or without notice, and without liability to the user, if SCALE 2 GROW considers that the user has violated any of these conditions or has interfered with the use of the platform or the service by third parties.

7. USER CONTENT

By using our services, you may provide us with information including information uploaded by you through files. You retain all copyright or other rights you may have in the information you provide through your use of the website. SCALE 2 GROW is not responsible for the accuracy, security or legality of the information or content provided by the user through the website. By providing content and information through the use of the website, the user grants SCALE 2 GROW a worldwide, non-exclusive, royalty-free, fully paid-up right and license to host, store, transfer, display, perform, reproduce and modify the user's content for the sole purpose of providing our services and content properly.

8. COPYRIGHT

All materials on SCALE 2 GROW, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by SCALE 2 GROW or by third parties that have licensed or otherwise provided their material to the website. You acknowledge and agree that all materials on SCALE 2 GROW are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without SCALE 2 GROW prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorised attempt to modify any material, to defeat or circumvent any security features, or to utilise SCALE 2 GROW or any part of the material for any purpose other than its intended purposes is strictly prohibited.

9. COPYRIGHT INFRINGEMENT

SCALE 2 GROW will respond to all enquiries, complaints and claims relating to alleged infringement by breach or violation of the provisions contained in international copyright and intellectual property laws and regulations. SCALE 2 GROW respects the intellectual property of others and expects users to do the same. If you believe, in good faith, that any material provided on the SCALE 2 GROW platform infringes your copyright or other intellectual property rights, please submit your request via our contact information, with the following information:

• Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.

• A statement that specifically identifies the location of the infringing material, in sufficient detail so that SCALE 2 GROW can find it on the website.

• Your name, address, telephone number and email address.

• A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorised by the copyright owner, or its agents, or by law.

• A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorised to act on its behalf.

• An electronic or physical signature of the copyright owner or of the person authorised to act on the copyright owner's behalf.

10. CONFIDENTIAL INFORMATION

Information provided by our clients through our services will be treated as confidential information and will be used solely for the purpose of providing our services properly. SCALE 2 GROW will protect such confidential Information from disclosure to third parties by employing the same degree of care used to protect its own confidentiality or proprietary information of similar importance. If necessary to carry out a prospective business relationship, SCALE 2 GROW may disclose confidential information received pursuant to our services to employees and/or consultants with a need to know, provided that the consultants are obligated to protect such confidential information from unauthorised use and disclosure. Confidential information shall not be disclosed to any third party without the prior written consent of the client who is the owner of the information.

11. PERSONAL DATA

Any personal information you submit in connection with your use of the website will be used in accordance with our privacy policy. By using the website, you consent to our collection and storage of your personal information. See our privacy policy.

12. PROHIBITED ACTIVITIES

The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such Content and information, is proprietary to SCALE 2 GROW or licensed to SCALE 2 GROW by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the website. In addition, the following activities are prohibited:

• Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.

• Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services.

• Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.

• Deep-link to any portion of the services for any purpose without our express written permission.

• "Frame", "mirror" or otherwise incorporate any part of the website into any other websites or service without our prior written authorisation.

• Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by SCALE 2 GROW in connection with the services.

• Circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content.

• Download any content unless it’s expressly made available for download by SCALE 2 GROW.

13. DISCLAIMER OF WARRANTIES

Because of the nature of the Internet SCALE 2 GROW provides and maintains the website on an "as is", "as available" basis and makes no promise that use of the website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.

Our website may from time to time contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.

Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse SCALE 2 GROW for any loss or damage caused as a result.

SCALE 2 GROW shall not be liable in any amount for any failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, war or any uncontrollable act of nature.

These terms do not affect your statutory rights as a consumer which are available to you.

Subject as aforesaid, to the maximum extent permitted by law, SCALE 2 GROW excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to SCALE 2 GROW and SCALE 2 GROW shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

• Any incorrect or inaccurate information on the website.

• The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the website or service purchased through the website.

• Any loss or damage resulting from your use or the inability to use the website or resulting from unauthorised access to, or alteration of your transmissions or data in circumstances which are beyond our control.

• Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.

• Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the website or from transmissions via emails or attachments received from SCALE 2 GROW.

• All representations, warranties, conditions and other terms which but for this notice would have effect.

14. ELECTRONIC COMMUNICATIONS

No responsibility will be accepted by SCALE 2 GROW for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any Cleaner User, internet accessibility or availability or for traffic congestion or unauthorised human act, including any errors or mistakes.

15. INDEMNIFICATION

You agree to defend and indemnify SCALE 2 GROW from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

• Your breach of this agreement or the documents referenced herein.

• Your violation of any law or the rights of a third party.

• Your use of the services.

16. CHANGES AND TERMINATION

We may modify the website and these terms at any time, at our sole discretion and without notice. You are responsible for keeping yourself informed of these terms. Your continued use of the website constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified, all changes to these terms apply to all users and clients. In addition, we may terminate our agreement with you under these terms at any time by notifying you in writing (including by email) or without notice.

17. ASSIGNMENT

This agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SCALE 2 GROW without restriction.

18. INTEGRATION CLAUSE

This agreement together with the privacy policy and any other legal notices published by SCALE 2 GROW, shall constitute the entire agreement between you and SCALE 2 GROW concerning and governs your use of the website and the services.

19. DISPUTES

The user agrees that any dispute, claim or controversy arising out of or relating to these terms and conditions, or the breach, termination, enforcement, interpretation or validity thereof or the use of the services, shall be resolved by binding arbitration between the user and SCALE 2 GROW, provided that each party retains the right to bring an individual action in a court of competent jurisdiction.

In the event of a dispute arising in connection with the use of the services or the breach of these conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organisation as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.

You agree to initiate a formal dispute proceeding by sending us a communication through our contact information. SCALE 2 GROW may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue with the dispute process, you must initiate the dispute resolution process before an accredited arbitration organisation and file a separate Demand for Arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties.

To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the website and services.

The courts of the United Kingdom shall have jurisdiction over any dispute, controversy or claim relating to SCALE 2 GROW and its business operations. Any such dispute or controversy shall be brought and resolved in the courts of the United Kingdom.

20. FINAL PROVISIONS

These terms and conditions are governed by the laws of the United Kingdom. Use of the website and services are not authorised in any jurisdiction that does not give effect to all of the provisions of these terms.

Our performance of these terms is subject to existing laws and legal process, and nothing contained in these terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our website or information provided to or gathered by us with respect to such use.

If any part of these terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

Any rights not expressly granted herein are reserved.