Terms and Conditions
PLEASE READ THIS DOCUMENT CAREFULLY
This document sets out the terms for use of the Fifty Shades Greener platform. It governs both our Licensed Providers (“Partners”) and our end users (“Students”). When we refer to “You”, we mean both our Partners and Students. Fifty Shades Greener is committed to transparency, which includes providing a Terms of Use that is understandable and written in plain language. Because this document represents our agreement with you about your use of our platform, please take the time to read this document.
Our Terms of Use (“Terms” or “Agreement”) also includes our Privacy Policy, Cookies Policy, Data Processing Agreement, License Agreements and any other documents referred to by those agreements, and they, as a whole, govern any and all of the access to the Fifty Shades Greener platform, whether you are a visitor, guest, creator, student, partner, etc.
Fifty Shades Greener’s Platform can be found at www.FiftyShadesGreener.ie & www.fsgportal.com and also includes all of the subdomains, mobile applications, any other media, location, application, etc. owned, managed, operated, etc. by Fifty Shades Greener When referring to the infrastructure in this Agreement, we will be collectively referring to them as the “Platform”.
- Introduction
Fifty Shades Greener ("Fifty Shades Greener") provides an open online content delivery platform designed to allow Partners to share services (“Content”) to their Students. Fifty Shades Greener offers this Content delivery platform along with a number of additional services and tools (e.g. FSG Data Portal) and the entire selection of tools and services offered via the Platform will be referred to in this Agreement as “Fifty Shades Greener Services”.
By using our Platform in any manner you are expressly agreeing to, and give your consent to be governed by, these Terms. If you do not agree with these Terms or you do not wish to be bound by these Terms, you must not use or access Fifty Shades Greener’s Platform in any manner.
Fifty Shades Greener does not provide, sell, rent, release, disclose, etc. Student data to Partners for monetary or other valuable consideration.
Students assume full responsibility for the disclosure and use of any other personal information the Student chooses to disclose to any Partner on or off the Platform.
- Age of Access: You must be at least 18 years old to use the Platform, or, if you are between the ages of 13 and 18, you must have your parent or guardian’s permission to use the Platform. By using our Platform, you are telling us by your actions that you have obtained that permission (you are ‘representing’ and ‘warranting’ that you have obtained the appropriate permissions to use our Platform). If you are under the age of 13 you may not use our Platform in any manner nor may you register for an account.
- License to Partners & Students: Fifty Shades Greener grants you a limited, non-exclusive license to access and use Fifty Shades Greener’s Platform for your own personal learning and development purposes. This license is only for your use and may not be assigned or sublicensed to anyone else, without Fifty Shades Greener’s express written consent. Except as expressly permitted by Fifty Shades Greener in writing, you will not try to reproduce Fifty Shades Greener’s Platform (legally that’s known as engaging in activity that would reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Platform). You also agree that in exchange for this license you will not engage in any activity that would interfere with or damage or harm the Platform. All rights not expressly granted by Fifty Shades Greener are reserved.
- Code of Conduct: We have to set up some ground rules. Honestly, most of what we cover here should go without saying. However, it’s better to be upfront about things, rather than just assume everyone knows how they are expected to conduct themselves on our Platform.
- No Illegal Activity: This is about as simple as it gets. Do not use the Fifty Shades Greener Platform for any illegal activity. You are not allowed to use our Platform to engage in any kind of conduct that violates any applicable country, regional, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the Republic of Ireland or other countries)
- No Virusus: Do not use the Fifty Shades Greener Platform to transmit, distribute, send, etc. viruses, worms, or any other code that may be deemed dangerous, harmful, or destructive in any manner
- No Spamming: No one likes spam. You may not use the Fifty Shades Greener Platform to engage in any activities that will result in sending spam to anyone on the Fifty Shades Greener Platform, including Fifty Shades Greener (and its employees), Partners, and Students.
- Be Kind: Our platform allows lots of different topics to be taught. Not all content is for everyone. However, we can all agree that when we use the Fifty Shades Greener Platform, we are going to be kind and respectful at all times.
- No Exploitation: You will not use the Fifty Shades Greener Platform to try to gather personal information on anyone, outside of the limited permissible uses for working in collaboration with others.
- No Impersonation of Fifty Shades Greener or its Employees: You will not pretend that you are part of Fifty Shades Greener or any of its employees
- No Data Mining or Bots: You may not use any data mining, robots, or similar data gathering or extraction methods; and
- No Use Other Than Intended: You may not use the Platform, or any content contained on the Platform for any purposes other than intended.
If You violate this Code of Conduct, we reserve the right to remove you from the Fifty Shades Greener Platform. Whether conduct violates our Code of Conduct will be determined by Fifty Shades Greener’s sole discretion.
- Intellectual Property Rights
All intellectual property rights in or arising out of or in connection with the Training, including any associated Training Materials shall be owned by Fifty Shades Greener. No reproductions, scans or copies (wholly or in part) shall be made of the Training Material without the prior written consent of Fifty Shades Greener.
All training materials, website information, associated documentation and marketing materials are copyright and cannot be copied or reproduced without written permission from Fifty Shades Greener .
Partners, Students and Users of this website agree not to use or create imitation programmes or programmes bearing a similar name or content to those of Fifty Shades Greener.
- Student Data
As between the parties, the Student shall own all rights, title and interest in and to all of the Student Data. The Student grants Fifty Shades Greener full permission to use the Student Data provided to Fifty Shades Greener for the purposes of providing the Training.
Each party warrants that for the purposes of this Agreement it:
- will comply with the provisions of the Data Protection Legislation, including without limitation that it:
- will use Personal Data in accordance with the permissions or consents obtained from the data subjects (as defined in the Data Protection Legislation) or otherwise in accordance with the Data Protection Legislation;
- will communicate to the other party the terms of any permissions or consents obtained from the data subjects;
- will have in place appropriate technical and organisational security measures against unauthorised or unlawful Processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data and shall take all reasonable steps to ensure the reliability of its personnel who have access to such Personal Data and to impose obligations of confidentiality upon such personnel and to ensure that such personnel are aware of their responsibilities under the Data Protection Legislation;
- will comply with any request or notice it receives from a data subject in its capacity as a data controller;
- will, upon request provide such assistance as is reasonably necessary to the other party to enable that party to comply with its obligations as a data controller (as defined in the Data Protection Legislation);
- will inform the other party as soon as reasonably practicable of the discovery of any actual or suspected data-breach relating to the Processing of Personal Data in connection with this Agreement;
- will, except to the extent prohibited by applicable law, inform the other party upon receipt of a complaint from a data subject or if approached by any regulatory body in connection with its compliance with the Data Protection Legislation in connection with this Agreement;
- will, except to the extent prohibited by applicable law, consult the other party in good faith as to the timing, manner and content of any response to a complaint from a data subject or approach by any Regulatory Body in connection with compliance with the Data Protection Legislation in connection with the Agreement.
- all data including environmental data may be used by Fifty Shades Greener for reporting services to funding aithorities and governments. Students individual data will never be disclosed, only cumulative data by school, college, county or country will be used for reporting.
- Delivery of the Training
Fifty Shades Greener shall use reasonable endeavours to supply the Training to the Student in accordance with these Terms and Conditions in all material respects but reserves the right to change the course content of any Training Course at any time and without notice.
Fifty Shades Greener shall use reasonable endeavours to meet any specified training dates, but any such dates shall be anticipated dates only and may be subject to alteration.
Fifty Shades Greener reserves the right to amend the Agreement if necessary, to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Training, and Fifty Shades Greener shall notify the Student in any such event.
Notwithstanding the above sub-clauses, Fifty Shades Greener the right to cancel Training at any time, without incurring additional liability to the Student or any Delegates. In such circumstances, Fifty Shades Greener will offer (at its sole discretion) and in conjunction with its Partners, alternative dates, a full refund, or a credit note.
- Student’s Obligations
The Student shall:
- co-operate with Fifty Shades Greener in all matters relating to the Training;
- provide Fifty Shades Greener, its employees, agents, consultants and subcontractors, with any information which may reasonably be required by Fifty Shades Greener in the organisation of the Training, including, but not limited to, details in respect of the Delegate(s) and ensure that such information is complete and accurate in all material respects; and
- where Training is being delivered at its premises, provide Fifty Shades Greener with (i) access, training space and any equipment necessary for the delivery of the Training; and (ii) such facilities as are reasonably notified to the Student in advance.
- Limitation of Liability
Nothing in these Terms and Conditions limits any liability which cannot legally be limited, including, but not limited to,
- liability for death or personal injury caused by negligence;
- fraud or fraudulent misrepresentation;
Fifty Shades Greener shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, loss of income, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising;
Fifty Shades Greener’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the Agreement shall be limited to the total Charges paid for the Training.
- Confidentiality
Each party may be given access to confidential information from the other party in order to perform its obligations under the Agreement.
A party may disclose confidential information to the extent such confidential information is required to be disclosed by law, by any governmental or other regulatory authority or by a court or other authority of competent jurisdiction, provided that, to the extent it is legally permitted to do so, it gives the other party as much notice of such disclosure as possible and, where notice of disclosure is not prohibited and is given in accordance with this clause, it takes into account the reasonable requests of the other party in relation to the content of such disclosure.
The Student acknowledges that its information may be used by Fifty Shades Greener on an anonymous basis without limitation including compiling and publishing reports.
- Force Majeure
Fifty Shades Greener shall have no liability to the Student under the Agreement if it is prevented from or delayed in performing its obligations under the Agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of Fifty Shades Greener or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors, provided that the Student is notified of such an event and its expected duration.
- Assignment
The Student shall not, without the prior written consent of Fifty Shades Greener, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under the Agreement. Such consent may be withheld in FIFTY SHADES GREENER's sole discretion.
Fifty Shades Greener may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under the Agreement.
- Governing Law and Jurisdiction
The Terms and Conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the Republic of Ireland. Each party irrevocably agrees that the courts of the Republic of Ireland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Agreement or its subject matter or formation (including non-contractual disputes or claims).
- Changes to the Terms of Use
Fifty Shades Greener may review and update this Agreement at any time in our sole discretion and it is Your responsibility to stay informed of those changes. All changes are effective immediately when posted and apply to all uses of the Platform thereafter. Your continued use of the Platform following the posting of revised Terms of Use means that You accept and agree to be bound by the changes. Please check this webpage periodically for updates.
- Contact Us
If you have questions or concerns regarding these Terms of Use, the Platform, Fifty Shades Greener Services, or Content, you may contact us via physical or electronic mail at the address below.
Fifty Shades Greener
Email: [email protected]
Last update 27/10/2021