Terms of Service
Terms of Service: Plant+Perks App
Effective Date: 1 September 2022
1. The terms and conditions set out below apply to the use of the app, “Plant+Perks” offered by The Green Shoot Inst. Ltd (“the Company”) a company incorporated in England and Wales (registration number 12891189 having its registered office at Sustainable Ventures, County Hall, 3rd Floor, Westminster Bridge Road, London, SE1 7PB).
2. Please read the terms carefully as they affect your rights and liabilities under law and set out the terms under which the Company (“we”, “us” or “our”) provide services to you, as user of the app, and also set out your privacy rights. These terms are subject to any rights you have under UK consumer and privacy laws to which we are bound to and which cannot be waived.
3. These terms should be read in conjunction with our Privacy Policy which can be found here: https://www.plantandperks.com/privacy
4. The Plant+Perks App (“the App”) is a mobile platform which enables users to access sustainability content alongside social and interactive features.
5. You must review and accept these Terms before you can use the App. To use the App you must be 18 or older (or be 13 or older and have your parent or guardian's consent).
6. The Company license use of the App to you on the basis of these Terms and subject to any rules or policies applied by any App store provider or operator from whose platform you download the App. We do not sell the App to you. We remain owners of the App at all times.
7. Please also note that the content provided by us via the App is owned by and remains the responsibility of the Company at all times as set out in further detail below.
Accessing the App and the content on the App
8. You may access the App by downloading and installing the App to your device from the App Store. Although we are working to ensure that the
App is compatible across various devices, we cannot guarantee that the App will work with all devices. You should check the minimum
requirements and specifications (including memory space and operating system) as set out in the App details on the applicable App Store before
downloading the App. We will endeavour to support the two most recent versions of the operating systems available in the market – for example, if
iOS 15 is the current version, we will aim to support iOS 14 and iOS 15. To download the App, you will need a valid App Store account (as applicable
to your device).
9. It is your responsibility to ensure that you are able to comply with the relevant system requirements as described above. We do not accept
responsibility for any lack of functionality that is due to your equipment (including your device, internet connection, operating system or settings
and software). Access to parts, or all of the App, and any or all content on the App, may be restricted from time to time to allow for repairs,
maintenance or updating. Accessibility may also be restricted depending on your geographical location.
10.It is your responsibility to pay for all costs and expenses (including all telephone call or line charges or Internet service data access) that you
may incur using the App.
11.Your use of the App and enjoyment of its features and content hosted or made available through the App may vary in functionality, availability and
quality depending on the type of device and operating system and any restrictions imposed by our content providers.
12.From time to time, we may issue updates to the App via the App Store. Depending on the update, you may not be able to use the App until you
have downloaded the latest version of the App and reviewed and accepted any new terms.
Your Use of the App
13.In consideration of you complying with these Terms, we grant you a non-transferable, non-exclusive, revocable licence to use the App on your
device(s) and to view the content contained on the App for your personal, non-commercial use, subject to and in accordance with these Terms, the
Privacy Policy and the applicable App Store rules, which are incorporated into these Terms by reference.
14.In accepting these terms, you agree:
a. that you will not use the App for any illegal purpose or in any way that interrupts, damages or impairs the service provided by the App;
b. that you will not access or attempt to access the accounts of other users of the App;
c. that you will not impersonate any person, or misrepresent your identity or affiliation with any person;
d. not to post or transmit through the App any content which is or could reasonably be viewed as:
i. hate speech, obscene, harassing, threatening, pornographic, abusive or defamatory to an individual or group of individuals on
the basis of religious belief, race, gender, age, disability or otherwise;
ii. inciting violence, or containing nudity or graphic or gratuitous
violence;
iii. an unauthorised commercial communication of any kind (including, without limitation, spam);
iv. fraudulent, inaccurate or misleading, or is otherwise objectionable content of any kind;
v. infringing or violating someone else’s rights or otherwise violates the law;
vi. identifying any person without their consent or disclosing anyone else’s personal contact details or invading their privacy,
or
vii. containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality
of the App, or any computer software or hardware or telecommunications equipment.
e. that any content you post or upload to the App or otherwise make available via the App is owned by you and does not breach the
requirements set out in section (d)(i)-(viii) above;
f. to refrain from doing anything which is defamatory, offensive, damaging or which we believe might damage our reputation, or that of
the App, a provider of services accessed through the App, or the Plant+Perks website;
g. not to copy the App or any content on the App except where such copying is incidental to the normal non-commercial use of the App, or
where it is necessary for the purpose of back-up or operational security;
h. not to make alterations to, or modifications of, the whole or any part of the App or any content on the App, or permit the App or any part of it
to be combined with, or become incorporated in, any other programs;
i. not to infringe our intellectual property or our other licensors’ intellectual property in relation to your use of the App;
j. that you are solely responsible for your interactions with other users and users through the App;
k. that you will not collect other users’ and users' content or information, or otherwise access the App, using automated means (such as
harvesting bots, robots, spiders or scraping techniques);
l. that any content you upload or post to the App (with the exception of private messages, which are confidential in nature) will be considered
non-confidential and non-proprietary and that such content may be viewable by any users of the App (whether registered or unregistered).
You will own your content, but you hereby grant us, our licensee’s and any third parties and other users of the App (each as we determine) a
perpetual, irrevocable, royalty-free, transferrable, sub-licensable, worldwide licence to use, store and copy that content and to distribute
it and make it available to third parties via any and all media, including, without limitation, the right for us to upload and make
available and to authorise third parties to upload and make available such content on third party sites and services, including social media
applications and channels such as Facebook, Twitter and/or Instagram and on our own website;
m. that you waive any moral rights or equivalent rights in any jurisdiction in relation to any content that you upload or post to the App and that
we can use such content without referencing you as the author of such work and that we can adapt and amend such content in our sole
discretion;
n. to compensate and defend us fully (including sums for any damages, defence costs and/or disbursements) against any complaints, claims
(including those pre-action) and/or legal proceedings brought against us by any person as a result of your breach of these Terms;
o. to keep your password secure at all times and not to disclose your password to any other person;
p. not to allow any other person to use or access your account; and
q. to comply with all laws applicable to you.
Your Subscription
15.We offer a subscription based service which is made available to users through their employees.
16.If applicable, we may have a contractual relationship with your employer and in such circumstance you will be invited to join the app and depending on the subscription chosen by your employer, you will be granted access to the features within the app.
17.The app is therefore free for you to use, but does require your employer to have an ongoing subscription. If they chose not to continue with their
subscription at any point then your access to the app will be removed.
18.If you unsubscribe from your account at any time, or the subscription fees are not paid when they fall due, your access to your account may be
blocked. You may also lose any data and your profile stored within the app.
User Generated Content and Moderation; Notice and Takedown
19.We respect the intellectual property rights of others and expect users of the App to do the same. As part of the functionality of the App we may
allow you and other users to upload, transmit, send content, data, ideas, communications and other materials to the App (“User Generated
Content”). You represent and warrant that you own or control all rights in and to your User Generated Content and have the right to grant the
license granted above to us and our affiliates and our service providers, and each of their and our respective licensees, successors and assigns.
We are under no obligation to, and we do not, review such materials for the purposes of determining copyright infringement. Therefore, your
reliance on User Generated Content is at your own risk. As we have no control over User Generated Content, you acknowledge and agree that we
are not responsible for the accuracy or availability of User Generated Content, and we neither endorse nor are responsible or liable for any User
Generated Content that appears on the App. We shall have the right (but not the obligation) to delete, remove, monitor, or edit User Generated
Content and block links to the App through technological or other means without prior notice.
20.We also have the right to moderate User Generated Content and user accounts. We also reserve the right to terminate access to the App if we
believe a user is posting infringing material or if a user has breached these terms and conditions.
21.When uploading content to the App, you are granting rights to us to use that content for any purpose including marketing purposes, for which no
monetary compensation will be given.
22.If you are a rights holder and you believe that your copyright is being infringed by any material on the App, please contact Plant + Perks
directly via email at hello@plantandperks.com or in writing to The Green Shoot Inst. Sustainable Ventures, County Hall, 3rd Floor, Westminster
Bridge Road, London, SE1 7PB and provide:
a. your contact details;
b. identification of the material to which the complaint relates and which appears on the App, which is reasonably sufficient to permit
us to locate the material; and
c. proof that you are the rights holder and a statement that you are the rights holder or are an authorised representative.
Intellectual Property
23.You acknowledge and accept that the App, the content provided on the App and all intellectual property rights wherever in the world, whether
registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these "intellectual
property rights" include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade
names, trade marks, passing off rights, unfair competition rights, patents, and rights in designs); are, and shall remain, the property of us or our
licensors.
24.You are not granted any intellectual property rights in or to the App or the content on the App except as expressly set out in these Terms. You are
not authorised to use our Company logos or trade marks or trade names (whether registered or unregistered) in any manner. You may only use the
App for personal, non-commercial purposes.
Licensing
25.The service and content provided through the App and the App itself are the property of The Green Shoot Inst.
26.You are strictly only entitled to use the App, and consume content made available through the App, in accordance with these Terms.
27.The App and any other software made available to you via the App is licensed (not sold) to you, meaning that we or our licensors continue to
own all copies of the App and other software when it is installed on your device. We may freely assign these Terms or any part of them, but you
may not assign your rights under these Terms, or any part of them, nor may you sub-license your rights under these Terms, to any third party.
28.These terms do not grant you any rights to use any of our, our licensors’ or the Publisher’s intellectual property, such as trade marks, domain
names, logos or other branded features, which belong to us and our licensors respectively.
Termination
29.We may terminate these Terms and close your account at any time without notice if we cease to provide the App.
30.In addition to our right to remove any content from the App, we reserve the right to suspend, restrict or terminate your access to the App at any
time without notice if we have reasonable grounds to believe you have breached any of these Terms. We also reserve the right to disable your
account at our reasonable discretion. Suspension, restriction or termination of your access to the App will not limit our right to take any
other action against you that we consider appropriate.
31.You may close your account and terminate your agreement with us at any time by emailing us hello@plantandperks.com
Privacy and Personal Data
32.For information on how we (as Data Controller) use your personal data, please see the associated Privacy Policy
https://www.plantandperks.com/privacy
Limitations and Exclusions
33.Nothing in these Terms:
a. limit or exclude any liability for death or personal injury resulting from negligence;
b. limit or exclude any liability for fraud or fraudulent misrepresentation;
c. limit any liabilities in any way that is not permitted under applicable law; or
d. exclude any liabilities that may not be excluded under applicable law.
34.We are not responsible for:
a. losses, damage, costs or expenses not caused by our breach of these terms;
b. the actions or omissions of our licensors introduced to you through the App;
c. the actions or omissions of other users of the App;
d. any indirect or consequential loss or damage which means a loss suffered by you which is a side effect of the main loss or damage and
where we could not have anticipated that type of loss arising when you agreed to these terms; or
e. any harm, loss or damage suffered by you or anyone else if the App is interrupted, suspended or otherwise not provided to you or if we do not
comply with these terms because of events beyond our control (for example, industrial disputes, technical difficulties, failure of or delays in
communications networks, acts of terrorism or power failure).
35.For any loss or damage suffered by you or anyone else that may arise from use of the App and which is not otherwise excluded under this
section, to the extent permitted by law our liability is limited to £100.
Disclaimer and Technical Limitations
36.We do not endorse or take any responsibility for statements, advertisements or any content whatsoever transmitted through, or linked
to from or via, the App by other users or any third party service providers. We are not responsible for any transaction you may enter into with a third
party via the App and it is up to you to decide whether or not to do so.
37.The App and the service provided through it is provided without express or implied warranty or condition of any kind, on an "as-is" basis, subject to applicable law. You agree that you must evaluate, and that you bear all risks associated with, the use of the App, including without limitation, any
reliance on the accuracy, completeness or usefulness of any materials available through the App.
38.We have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
39.You acknowledge and accept that your access to the App is dependent on connectivity over communications networks and facilities that are outside of our operation and/or control and that your use of the App may be subject to limitations, delays and other problems inherent in the use of
such networks and facilities.
40.We disclaim all warranties with respect to the App including, but not limited to, the warranties of non-infringement and title. We give no
warranty that your use of the App will be uninterrupted or error free, that the information obtained from the App will be accurate, complete, current,
or reliable, that the quality of the App will be satisfactory to you, or that errors or defects will be corrected. You acknowledge and accept that we
are not responsible for any loss or damage of any kind that you may suffer as a result of any interruption or delay to your access to the App, or as a
result of any failure or error in the transfer of data over those networks and facilities in connection with your use of the App.
Third party sites or services
41.The App may include and link to features, websites and services (such as the Publisher’s own website and social applications like Twitter, Facebook, Pinterest, YouTube and Instagram) that are provided by a third party. We do not control such third party sites or services and are not responsible for the content of such sites or services. Our inclusion of links does not imply any endorsement or association with their operators. The terms applicable to use of that third party service will apply and we will not be responsible for anything that is done or not done by you or the third party service provider in connection with your use of their service. We recommend that you check the applicable third party service’s terms and conditions of use and sale before using such third party service or purchasing any products or services.
Disputes
42.Any disputes in connection with these Terms will be governed by and interpreted in accordance with the laws of England and Wales and the
courts of England and Wales will have exclusive jurisdiction to hear any claims made in relation to these Terms.
Other Important Legal Terms
43.You may not transfer your rights or obligations under these Terms to anyone else.
44.If you breach these Terms and we take no action against you, or if we delay in doing so, that will not mean that we have waived our rights
against you and we will still be entitled to enforce our rights and remedies against you in relation to that breach and to use our rights and remedies
in any other situation where you breach these Terms.
45.If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the remainder of the Terms will continue to govern
each of our respective obligations.
46.These Terms are not intended to give rights to anyone except you and us.
47.Except as otherwise expressly stated, these Terms and our Privacy Policy contain the entire agreement between us and you relating to use of the
App and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between us, and you relating to use of the
App.
Changes
48.We may occasionally make changes to the App or these Terms. If we do, we'll notify you either by updating the Effective Date of these Terms listed above and via the App. You must accept these changes in order to continue using the App. You should stop using the App if you disagree with
any changes to the App or these Terms.