Terms and conditions
This website is operated by Green Schools Project Limited (“Green Schools Project”) from URL “www.greenschoolsproject.org.uk” (the “Website”) and Green Schools Project shall not provide to you any resources contained therein until you have agreed to the terms and conditions below as may be amended from time to time (these “Terms”).
Please read the following Terms carefully.
Once accepted these Terms will form the contract between Green Schools Project and you. You will then be asked to provide your card details. After payment is processed, you will be able to access the Resources (as defined below).
1. Defined Terms
1.1. In these Terms, unless the context otherwise requires, the following expressions have the following meanings:
“Fee” means the fee specified by Green Schools Project from time to time, to be paid by Users to gain access to the Resources for one calendar year;
“Fee Period” means one calendar year commencing from the date on which the User is given access to the Resources by Green Schools Project;
“Permitted Use” means the use of the Resources as set out in Clause 2.1;
“Resources” means the forms, documents and information provided by Green Schools Project through this Website from time to time;
“Green Schools Project” means Green Schools Project Limited, a company limited by guarantee incorporated under the laws of England and Wales with registration number 09928552 and whose registered address is at 1 Beatty Road, London N16 8EA, England (references to “we”, “us” and “our” should all be read as referring to Green Schools Project); and
“User” means any third party that accesses the Website and is not employed by Green Schools Project and acting in the course of their employment (references to “you”, “your” and “yours” should all be read as referring to you as a User).
2. Permitted Use
2.1. Subject to the payment of the Fee and subject to the restrictions in Clause 3 below, you shall be granted a non-exclusive perpetual licence:
(a) to use the Resources and any other forms and/or documents therein for your own personal and/or business purposes; and
(b) only for the purposes of supporting the Permitted Use, to reproduce, print and make back-up copies on any computer system.
2.2. Green Schools Project reserves the right to solicit feedback with respect to the Resources from the User from time to time.
3. Exceptions and Restrictions
3.1. The Permitted Use shall be subject to the following exceptions and restrictions:
(a) you shall not sell any of the Resources (or any part thereof) to third parties;
(b) you shall not distribute any of the forms and/or documents contained within the Resources (or any part thereof) to third parties for sale or resale (or free of charge) whether as part of a package or as a separate product;
(c) you shall not use the Resources (or any part thereof) for any purpose which rivals or competes with Green Schools Project. In the event of a dispute between a User and Green Schools Project it shall be for Green Schools Project, in its reasonable discretion, to define “rival” and/or “competing” purposes;
(d) you shall not rent, lease, sub-licence or loan any of the Resources (or any part thereof) to third parties; and
(e) you shall not use the Resources (or any part thereof) in a manner which violates any law or regulation, or which fails to comply with accepted internet protocol. You shall not attempt to interfere in any way with our networks or network security, or attempt to use our services to gain unauthorised access to any other computer system.
3.2. The copyright and all other applicable intellectual property rights in the Resources remain the sole property of Green Schools Project.
3.3. All restrictions in this Clause 3 shall apply to the Resources, any and all parts thereof, and any derivative works created by you using the same.
3.4. All licences, consents and restrictions contained in these Terms shall be limited to the normal duration of copyright in literary works as defined in the Copyright Designs and Patents Act 1988, Section 12 (the life of the author, plus 70 years).
3.5. You agree to defend, indemnify and hold harmless us, our officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising directly or indirectly from your breach of any obligation under this Clause 3.
4. Ownership
Green Schools Project shall at all times retain ownership of the Resources.
5. Fees and Payment
5.1. All Fees due by the User are exclusive of any applicable value added tax. Value added tax shall be added to any and all sums due at the point of sale (as applicable).
5.2. All transactions processed through this Website are handled by Stripe. We do not accept any responsibility for any problems you may have in making a payment on our Website through Stripe.
5.3. Upon the successful completion of payment, (i) the Fee Period of one calendar year shall commence; and (ii) Green Schools Project shall provide you with login and password details via email to have access to the Resources on the Website.
5.4. Immediately following the end of the Fee Period, you shall have the option to subscribe for an additional year to have access to the Resources at a fee to be determined by Green Schools Project from time to time.
6. Non-solicitation
Neither the User nor anyone acting on its behalf, shall solicit, contact or communicate with any officers, employees, consultants, advisers, customers, clients or suppliers of Green Schools Project in relation to any employment opportunities without the prior written consent of Green Schools Project.
7. Resources and Liability
7.1. We shall use reasonable endeavours to correct any defects in the Resources of which we are made aware in a timely manner.
7.2. We shall not be liable for any loss of any kind including lost profits or other consequential losses arising from your use or inability to use the Resources or from errors or deficiencies in any part of the Resources.
7.3. You should ensure that any Resources (or part thereof) acquired from Green Schools Project is appropriate and complete in all respects for its intended purpose. We give no representation or warranty that such material will be fit for its intended purpose, useful to you or of satisfactory quality.
7.4. You acknowledge that any Resources (or part thereof) purchases may, in the future, need to be amended in response to changes in applicable law. We are not responsible for advising you of any such changes or amendments.
7.5. No liability shall attach to Green Schools Project, our directors or officers, our employees, or retained consultants (from time to time) for loss or damage of any nature suffered as a result of the use of the Resources or for any errors or omissions in the contents of any forms or documents.
8. Refunds
Any and all payments made under these Terms are non-refundable in all circumstances.
9. Changes to the Website, the Resources and these Terms
We reserve the right to change this Website, the Resources and these Terms from time to time. You shall be bound by any changes to the Terms from the first time you use the Website following the changes.
10. Availability of the Website and the Resources
10.1. This Website and the Resources are provided “as is” and on an “as available” basis. We give no warranty that the Website or the Resources will be free of defects and/or faults.
10.2. We accept no liability for any disruption or non-availability of this Website resulting from any causes including, but not limited to, internet service provider equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
11. Data Protection and Privacy
11.1. We collect only the personal data that Users provide during the process of subscribing for the Resources contained in this Website. All data held by Green Schools Project is held and processed in accordance with your rights and our obligations under the Data Protection Act 1998.
11.2. We collect the following data:
(a) your full name;
(b) your company or business name;
(c) your email address;
(d) your postal address and post code;
(e) and your telephone number.
11.3. Further details of our collection and use of User data and our use of cookies are included in our Privacy Policy.
12. Miscellaneous
12.1. Failure by Green Schools Project to enforce the performance of any provision of these Terms shall not constitute a waiver of the right to subsequently enforce that provision or any other provision. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.
12.2. In the event that one or more of the provisions of these Terms are found to be unlawful, invalid or otherwise unenforceable, then such provision(s) shall be deemed severed from the remainder of these Terms. The remainder of these Terms shall be valid and enforceable.
12.3. You shall not assign, transfer, or authorise any other person to use, your subscription. If you try to do so, we have the right to terminate your subscription with immediate effect.
12.4. The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms.
13. Governing Law and Jurisdiction
13.1. These Terms, and any non-contractual rights and obligations arising out of them or their subject matter, shall be governed by and construed in accordance with English law.
13.2. Any dispute, controversy or claim arising out of or relating to these Terms and/or their subject matter, including any question regarding the existence, validity, interpretation, breach, performance or termination of these Terms and any non-contractual obligations arising out of or in connection with them shall be subject to the exclusive jurisdiction of the English courts.