Green Gorilla UK

TERMS AND CONDITIONS

DEFINITIONS AND INTEPRETATIONS

In these Terms and Conditions, unless the context requires otherwise, the following words and phrases shall have the following meanings:

“Green Gorilla” means Green Gorilla Consultants Ltd, a company registered in England and Wales No 11470721 whose registered office is at 3 Windsor Court, Park View Close, St Albans, AL1 5TT.

“Fees” means the fees payable by You for access to the Programme.

“Intellectual Property” or “Intellectual Property Rights”, means all patents, utility models, rights to inventions, copyright and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, Confidential Information (including know-how and trade secrets), image rights, rights of personality and other similar rights, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;

“Materials” means all training materials, documents, handouts, papers, case studies, examinations, drawings, designs, transparencies, photos, graphics, logos, typographical arrangements, software, presentations, certificates and other materials, any translations of such Materials, in whatever form, including but not limited to hard copy and electronic form, as prepared by Green Gorilla, or its Licensors.

“Programme” means any training course, workshop, webinars, examination and/or other online and classroom resource provided by Green Gorilla that is available as part of the Green Gorilla offering to book or purchase via www.thegreengorilla.co.uk website, via phone or post, and that are governed by this agreement.

“Us”, “We”, or “Our” means Green Gorilla Consultants Ltd.

“VAT” means Value Added Tax at the rate applicable at the time of booking a Programme and as appears on (www.gov.uk/vat-rates).

“You” means the person who is applying to attend the Programme and shall include a natural person, corporate or unincorporated body (whether or not having separate legal personality), where the person is a delegate acting on behalf of a corporate or unincorporated body ‘You’ shall refer jointly and severally to the person and body, on whose behalf you are acting.

“Website” shall mean the Green Gorilla website at www.thegreengorilla.co.uk and learn.thegreengorilla.co.uk.

Clause headings, schedules and paragraph numbers shall not affect the interpretation of this agreement.

2. CONFIRMATION

You confirm that you have authority to bind any organisation on whose behalf you use the Website and purchase a Programme.
These Terms and Conditions constitute the entire agreement between you and Us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between Us, whether written or oral, relating to its subject matter.
You acknowledge that in entering into this agreement you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions.
You and We agree that neither of Us shall have any claim for innocent or negligent misrepresentation based on any statement in this Agreement.

3. POLICIES APPLICABLE TO THE AGREEMENT

Our Privacy Policy, which sets out the terms on which We process any data We collect from You. By using the Website or purchasing a Programme, You agree to the detail contained within the Privacy Policy and You warrant that all data provided by You to Us is accurate.
Our Acceptable Uses Policy, which sets out the permitted uses and prohibited uses of the Website. When using Our site, You must comply with this Acceptable Use Policy; failure to do may result in Your access to the Services being denied/revoked.

4. FEES

The applicable Fees, inclusions and content of the Programme shall be as described on the Website at the time of purchase. Green Gorilla reserves the right to update or adjust the Fees, inclusions and content of the Programme from time to time as it sees fit.
All Fees displayed and provided are exclusive of VAT which shall be additionally applicable at the VAT rate at the time of booking the Programme.
We will not confirm to You your enrolment onto the Programme until payment of the Fees has been received in full. We reserve the right to decline the registration of any applicant at Our absolute discretion and shall refund any fees received in such an instance.
We reserve the right to refuse your enrolment in the Programme in the event of failure to observe any of these Terms and Conditions.

5. PROGRAMME TRANSFER

For the purposes of this clause a “Programme Transfer” shall mean when You request to transfer or Change from a Programme you have already purchased to a different Programme.
If You have booked a Programme and You wish to complete a Programme Transfer, you must:

make a request in writing to Green Gorilla detailing your reasons for wanting to transfer and the Programme you wish to transfer from and to; and
Make such requests prior to accessing any part of the Programme from which you wish to transfer; and
Make such request within 14 days of the date of purchase.

The following three clauses apply to virtual or physical classroom (as opposed to recorded eLearning) Programmes Only.

If You have booked a Programme and You wish to complete a Programme Transfer, you must:
1. Make a request in writing to Green Gorilla detailing your reasons for wanting to complete a Programme Transfer; and
2. Make the request mentioned at least 14 days prior to the scheduled commencement of the Programme Requests.

In the event You do not make Your request for a Programme Transfer with at least 14 days prior notice of the scheduled commencement of the Programme You wish to transfer from, a Programme Transfer may still be possible, however, in such events You may be liable for a re-scheduling fee to be paid in in addition to any additional fee for the new Programme.
Should the Programme You wish to Transfer to be of less value than of that previously booked and the Programme Transfer request is made with less than 14 days prior notice of the scheduled commencement then no refund will be issued for the differences in price between the two Programmes.
Green Gorilla reserves the right to refuse any Programme Transfer without providing reason and no refund will be issued.

6. PROGRAMME CANCELLATION

For online recorded eLearning Programmes, if You wish to cancel Your purchase You must do so within 30 days of the date of purchase. If the request is made within 30 days of purchase and You have not accessed the Programme you will be provided with a full refund. A refund will not be provided if You have accessed the Programme.
For virtual or physical classroom (as opposed to recorded eLearning) Programmes, if You wish to cancel Your Programme you must make a request in writing to Green Gorilla, the refund you receive will vary depending on the amount of notice provided, the following refunds apply:

a. Over 14 days before the Programme date, a full refund of course fees;

b. 7 to 14 days before the Programme date, a 50% refund of course fees;

c. 7 days or less before the event, no refund.

3. Green Gorilla reserves the right to cancel or re-schedule any Programme at its absolute discretion, and in such a circumstance shall give reasonable notice to You.

4. Should Green Gorilla cancel the Programme, an alternative Programme will be offered, or a full refund will be made. Green Gorilla shall not be liable for any other costs or losses including expenses that have been incurred prior to cancellation.

7. PROGRAMME CONTENT

All Materials provided to You in advance of, or during the Programme, are the Intellectual Property of Green Gorilla who either own or licence such, and the Materials shall not be copied by You, either in whole or in part, and ownership shall not transfer to You. All Materials shall be maintained in confidence and not disclosed to any third parties except with Green Gorilla’s express written permission.
We reserve the right to pause and/or interrupt any Programme that is accessible online to complete updates and amendments; Green Gorilla will endeavour to complete any updates with as minimal interruptions as possible.
Some of our Programmes and Materials make reference to third party websites and other services, these references are not to be considered endorsement of the third party or the third-party content. Green Gorilla make no representation or warranty as to the content of third party websites, its suitability for any use, or that it constitutes accurate data and/or advice.
Before purchasing a Programme, You must ensure that You satisfy all of the minimum requirements including minimum level of qualification prior to purchasing the Programme.
Access to the Programme is granted to You only, You must not grant access to or disclose the Programme or any Materials obtained through it to any third party.

8. PROGRAMME WARRANTIES

Green Gorilla shall deliver the Programme in accordance with the promoted description using reasonable care, skill and diligence. Green Gorilla does not however make any warranty in respect of any outcomes or results.
You warrant that You shall not do anything to bring Green Gorilla or any of its other subsidiaries or affiliates into disrepute and that You shall not use or display the names of, or suggest or imply an association with any other name, brand or trademark used or owned by Green Gorilla and its affiliates or subsidiaries, whether registered or unregistered, except where Green Gorilla has provided its express written consent. Where consent is granted You must only do so in accordance with the guidelines or requirements specified by Green Gorilla.
You must not allow, permit or request anyone else to sit or attempt to sit any exam or test which may be required as part of the Programme. Any breach of this clause is to be considered a material breach and Green Gorilla reserves the right to void any CPD hours, qualifications, licences or certifications which would usually be granted on successful completion of the Programme. In this circumstance Green Gorilla also reserve the right to refuse all future training.

9. LIMITATION OF LIABILITY

Except for death or personal injury caused by Green Gorilla’s negligence, for fraudulent misrepresentation, or for any other liability which cannot be limited by law, the entire liability of Green Gorilla under or in connection with this agreement shall not exceed the Fees which have already been paid by You to Green Gorilla for the Programme.
We shall have no liability for delay or failure to perform any of its obligations arising from any event beyond its reasonable control, nor shall Green Gorilla have any liability in any case for any loss of profits, loss of revenue, loss of goodwill or for any indirect or consequential losses.

10. EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under an Agreement that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in Clause 10.2
An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

If an Event Outside Our Control takes place that affects the performance of our obligations under a Agreement, We will contact you as soon as reasonably possible to notify you.

You may cancel the Programme to the extent that is affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please write to us at our address in clause 1.1.

11. DATA PROTECTION

“Data Protection Legislation” means, before 25 May 2018, the Data Protection Act 1998 and from 25 May 2018, the General Data Protection Regulation (EU 2016/679) and any legislation which amends, re-enacts or replaces it in England and Wales. The definitions and interpretations in the Data Protection Legislation apply to this clause.
Green Gorilla may collect and Process Your Personal Data, however will only do so in compliance with the Data Protection Legislation.

12. COMMUNICATIONS BETWEEN US

When We refer, in these Terms and Conditions, to “in writing”, this will mean either in writing to;

This email address is being protected from spambots. You need JavaScript enabled to view it.
Green Gorilla Consultants Ltd, 3 Windsor Court, Park View Close, St Albans, AL1 5TT

Any notice or other communication given by you to Us, or by Us to you, under or in connection with the Agreement shall be in writing and shall be delivered personally, sent by pre-paid first-class post or other next working day delivery service or e-mail.
A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

13. OTHER IMPORTANT TERMS

If You book on a classroom Programme You must adhere to any health and safety requirements that Green Gorilla or their delivery partners specify from time to time.
You may not transfer your rights or your obligations under these Terms to another person.
Green Gorilla reserve the right to update, amend or replace these Terms and Conditions at any time.
This Agreement is between You and Us. No other person shall have any rights to enforce any of its terms, whether under the Agreements (Rights of Third Parties) Act 1999 or otherwise.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If We fail to insist that you perform or fail to enforce any of your obligations under these Terms or if We delay in doing so, that will not mean that We have waived Our rights against You and will not mean that You do not have to comply with those obligations. If We do waive a default by You, We will only do so in writing, and that will not mean that We will automatically waive any later default by You.
An Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-Agreementual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-Agreementual disputes or claims).

DATA SECURITY

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

DATA USE

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, regulatory or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

Details of retention periods for different aspects of your personal data are available on request by contacting us.

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

YOUR LEGAL RIGHTS

You have the right to:

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

What personal data we collect

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

Identity Data (ID) includes your first name, last name, username and e-mail address.
Profile Data (PD) includes job title, organisation name, organisation address, information relating to which sector your organisation is in.
Financial Data (FD) includes bank account and payment card details should you chose to pay for any Green Gorilla products or services “on paper”.
Transaction Data (TrD) means details about payments to and from you and other details of products and services you have purchased from us.
Technical Data (TD) may include internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access the Green Gorilla website, how often and for how long you access the Green Gorilla website
Marketing and Communications Data (MCD) includes your preferences in receiving marketing from us and our third parties and your communication preferences.

Purposes for which we will use your personal data

We have set out below a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out below.

Purpose/Activity:

Registering as a new user or customer

Type of data:

Identity Data
Profile Data
Marketing and Communications Data

Lawful basis for processing including basis of legitimate interest:

Contract (where the user is an individual and is a contracting party through the website terms of use or a user end licence agreement): to fulfill obligations under the contract including providing access to the website/tool.
Legitimate interest (where the user is a representative of a customer-organisation): to allow the customer’s designated users to access the website/tool.

Purpose/Activity:

To communicate new features and fixes to the website to the user

Type of data:

Identity Data

Lawful basis for processing including basis of legitimate interest:

Legitimate interest (where the user is a representative of a customer-organisation): explain to designated users of the customer what the new features and bug fixes are for the website/tool.
Contract (where the user is an individual and is a contracting party through the website terms of use or a user end licence agreement): to explain to the customer what the new features and bug fixes are for the website/tool.

Purpose/Activity:

To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)

Type of data:

Identity Data
Technical Data

Lawful basis for processing including basis of legitimate interest:

Legitimate Interest/Contract (where the user is referred to as “you” under the website terms of use): to deliver, optimise, maintain, and protect the website’s integrity for the benefit of each user.

Purpose/Activity:

To allow customers to purchase products or services

Type of data:

Identity Data
Profile Data
Financial Data
Transaction Data

Lawful basis for processing including basis of legitimate interest:

Contract (where the person making the purchase is the customer): to create a purchase history, facilitate transactions made “on paper” and fulfil contractual obligations more generally. Online payments made via a third party payment processing platform.
Legitimate Interest (where the person making the purchase is doing so on behalf of an organisation): to create a purchase history, facilitate transactions made “on paper” and to create a record of customer users.

ACCEPTABLE USE POLICY

This acceptable use policy sets out the terms between you and us under which you may access our websites, mobile applications and digital platforms (“the Services”).
Your use of the Services means that you accept, and agree to abide by, all the policies in this acceptable use policy together with our Privacy Policy, Cookies Policy and Terms of Use Policy.

Prohibited uses

You may use the Services only for lawful purposes. You may not use the Services:
1. In any way that breaches any applicable local, national or international law or regulation.
2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
3. for the purpose of harming or attempting to harm minors in any way.
4. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

not to reproduce, duplicate, copy or re-sell any part of the Services in contravention of the provisions of our terms of use policy.
not to access without authority, interfere with, damage or disrupt:

any part of the Services;
any equipment or network on which the Services are stored;
any software used in the provision of the Services; or
any equipment or network or software owned or used by any third party.

2. Interactive Service

We may from time to time provide interactive services on the Services, including, without limitation:
1. chat rooms;
2. bulletin boards;
3. forums;
4. online training courses, conferences or seminars;
5. comments features;
6. live stream video features; and
7. blog services.

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular for children) from third parties when they use any interactive service provided on the Services, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Services, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool-proof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

3. Content standards

These content standards apply to any and all material which you contribute to the Services (“contributions”), and to any interactive services associated with it.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
Contributions must:
1. be accurate (where they state facts);
2. be genuinely held (where they state opinions);
3. comply with applicable law in the UK and in any country from which they are posted.

4. Contributions must not:

contain any material which is defamatory of any person;
contain any material which is obscene, offensive, hateful or inflammatory;
promote sexually explicit material;
promote violence;
promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
infringe any copyright, database right or trade mark of any other person;
be likely to deceive any person;
be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
promote any illegal activity;
be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
be likely to harass, upset, embarrass, alarm or annoy any other person;
be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
give the impression that they emanate from us, if this is not the case; and
advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

5. Suspension and termination

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of the Services. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use the Services, and may result in our taking all or any of the following actions:
1. immediate, temporary or permanent withdrawal of your right to use the Services;
2. immediate, temporary or permanent removal of any posting or material uploaded by you to the Services;
3. issue of a warning to you;
4. legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
5. further legal action against you;
6. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

6. Changes to the acceptable use policy

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on the Services.