Terms and Conditions
Last updated: February 07, 2019
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the The Forest Garden Training Center mobile application (the "Service") operated by Trees for the Future ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
Trees for the Future has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of Trees for the Future or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Trees for the Future and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Trees for the Future.
Our Service may contain links to third party web sites or services that are not owned or controlled by Trees for the Future
Trees for the Future has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Trees for the Future shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Trees for the Future and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
In no event shall Trees for the Future, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Trees for the Future its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Maryland, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us a training@trees.org.
Privacy Policy
Effective date: February 19, 2019
Trees for the Future ("us", "we", or
"our") operates the training.trees.org website and the The Forest
Garden Training Center mobile application (hereinafter referred to as the
"Service").
This page informs you of our policies regarding the
collection, use and disclosure of personal data when you use our Service and
the choices you have associated with that data.
We use your data to provide and improve the Service. By
using the Service, you agree to the collection and use of information in
accordance with this policy. Unless otherwise defined in this Privacy Policy,
the terms used in this Privacy Policy have the same meanings as in our Terms
and Conditions.
Service
Service means the training.trees.org
website and the The Forest Garden Training Center mobile application operated
by Trees for the Future
Personal
Data
Personal Data means data about a living
individual who can be identified from those data (or from those and other
information either in our possession or likely to come into our possession).
Usage
Data
Usage Data is data collected automatically
either generated by the use of the Service or from the Service infrastructure
itself (for example, the duration of a page visit).
Cookies
Cookies are small files stored on your
device (computer or mobile device).
Data
Controller
Data Controller means the natural or legal
person who (either alone or jointly or in common with other persons) determines
the purposes for which and the manner in which any personal information are, or
are to be, processed.
For the purpose of this Privacy Policy, we
are a Data Controller of your Personal Data.
Data
Processors (or Service Providers)
Data Processor (or Service Provider) means
any natural or legal person who processes the data on behalf of the Data
Controller.
We may use the services of various Service
Providers in order to process your data more effectively.
Data
Subject (or User)
Data Subject is any living individual who is
using our Service and is the subject of Personal Data.
We collect several different types of information for
various purposes to provide and improve our Service to you.
While using our Service, we may ask you to provide us with
certain personally identifiable information that can be used to contact or
identify you ("Personal Data"). Personally identifiable information
may include, but is not limited to:
·
Email address
·
First name and last name
·
Phone number
·
Address, State, Province, ZIP/Postal code, City
·
Cookies and Usage Data
We may use your Personal Data to contact you with
newsletters, marketing or promotional materials and other information that may
be of interest to you. You may opt out of receiving any, or all, of these
communications from us by following the unsubscribe link or the instructions
provided in any email we send.
We may also collect information that your browser sends
whenever you visit our Service or when you access the Service by or through a mobile
device ("Usage Data").
This Usage Data may include information such as your
computer's Internet Protocol address (e.g. IP address), browser type, browser
version, the pages of our Service that you visit, the time and date of your
visit, the time spent on those pages, unique device identifiers and other
diagnostic data.
When you access the Service with a mobile device, this Usage
Data may include information such as the type of mobile device you use, your
mobile device unique ID, the IP address of your mobile device, your mobile
operating system, the type of mobile Internet browser you use, unique device
identifiers and other diagnostic data.
We may use and store information about your location if you
give us permission to do so ("Location Data"). We use this data to
provide features of our Service, to improve and customise our Service.
You can enable or disable location services when you use our
Service at any time by way of your device settings.
We use cookies and similar tracking technologies to track
the activity on our Service and we hold certain information.
Cookies are files with a small amount of data which may
include an anonymous unique identifier. Cookies are sent to your browser from a
website and stored on your device. Other tracking technologies are also used
such as beacons, tags and scripts to collect and track information and to
improve and analyse our Service.
You can instruct your browser to refuse all cookies or to
indicate when a cookie is being sent. However, if you do not accept cookies,
you may not be able to use some portions of our Service.
Examples of Cookies we use:
·
Session
Cookies. We use Session Cookies to operate our Service.
·
Preference
Cookies. We use Preference Cookies to remember your preferences and various
settings.
·
Security
Cookies. We use Security Cookies for security purposes.
Trees for the Future uses the collected data for various
purposes:
·
To provide and maintain our Service
·
To notify you about changes to our Service
·
To allow you to participate in interactive
features of our Service when you choose to do so
·
To provide customer support
·
To gather analysis or valuable information so
that we can improve our Service
·
To monitor the usage of our Service
·
To detect, prevent and address technical issues
·
To provide you with news, special offers and
general information about other goods, services and events which we offer that
are similar to those that you have already purchased or enquired about unless
you have opted not to receive such information
If you are from the European Economic Area (EEA), Trees for
the Future legal basis for collecting and using the personal information
described in this Privacy Policy depends on the Personal Data we collect and
the specific context in which we collect it.
Trees for the Future may process your Personal Data because:
·
We need to perform a contract with you
·
You have given us permission to do so
·
The processing is in our legitimate interests
and it is not overridden by your rights
·
To comply with the law
Trees for the Future will retain your Personal Data only for
as long as is necessary for the purposes set out in this Privacy Policy. We
will retain and use your Personal Data to the extent necessary to comply with
our legal obligations (for example, if we are required to retain your data to
comply with applicable laws), resolve disputes and enforce our legal agreements
and policies.
Trees for the Future will also retain Usage Data for
internal analysis purposes. Usage Data is generally retained for a shorter
period of time, except when this data is used to strengthen the security or to
improve the functionality of our Service, or we are legally obligated to retain
this data for longer periods.
Your information, including Personal Data, may be
transferred to - and maintained on - computers located outside of your state,
province, country or other governmental jurisdiction where the data protection
laws may differ from those of your jurisdiction.
If you are located outside United States and choose to
provide information to us, please note that we transfer the data, including
Personal Data, to United States and process it there.
Your consent to this Privacy Policy followed by your
submission of such information represents your agreement to that transfer.
Trees for the Future will take all the steps reasonably
necessary to ensure that your data is treated securely and in accordance with
this Privacy Policy and no transfer of your Personal Data will take place to an
organisation or a country unless there are adequate controls in place including
the security of your data and other personal information.
Under certain circumstances, Trees for the Future may be
required to disclose your Personal Data if required to do so by law or in
response to valid requests by public authorities (e.g. a court or a government
agency).
Trees for the Future may disclose your Personal Data in the
good faith belief that such action is necessary to:
·
To comply with a legal obligation
·
To protect and defend the rights or property of
Trees for the Future
·
To prevent or investigate possible wrongdoing in
connection with the Service
·
To protect the personal safety of users of the
Service or the public
·
To protect against legal liability
The security of your data is important to us but remember
that no method of transmission over the Internet or method of electronic
storage is 100% secure. While we strive to use commercially acceptable means to
protect your Personal Data, we cannot guarantee its absolute security.
We do not support Do Not Track ("DNT"). Do Not
Track is a preference you can set in your web browser to inform websites that
you do not want to be tracked.
You can enable or disable Do Not Track by visiting the
Preferences or Settings page of your web browser.
If you are a resident of the European Economic Area (EEA),
you have certain data protection rights. Trees for the Future aims to take
reasonable steps to allow you to correct, amend, delete or limit the use of
your Personal Data.
If you wish to be informed about what Personal Data we hold
about you and if you want it to be removed from our systems, please contact us.
In certain circumstances, you have the following data
protection rights:
The
right to access, update or delete the information we have on you. Whenever
made possible, you can access, update or request deletion of your Personal Data
directly within your account settings section. If you are unable to perform
these actions yourself, please contact us to assist you.
The
right of rectification. You have the right to have your information
rectified if that information is inaccurate or incomplete.
The right
to object. You have the right to object to our processing of your Personal
Data.
The
right of restriction. You have the right to request that we restrict the
processing of your personal information.
The
right to data portability. You have the right to be provided with a copy of
the information we have on you in a structured, machine-readable and commonly
used format.
The
right to withdraw consent. You also have the right to withdraw your consent
at any time where Trees for the Future relied on your consent to process your
personal information.
Please note that we may ask you to verify your identity
before responding to such requests.
You have the right to complain to a Data Protection
Authority about our collection and use of your Personal Data. For more
information, please contact your local data protection authority in the
European Economic Area (EEA).
We may employ third party companies and individuals to
facilitate our Service ("Service Providers"), provide the Service on
our behalf, perform Service-related services or assist us in analysing how our
Service is used.
These third parties have access to your Personal Data only
to perform these tasks on our behalf and are obligated not to disclose or use
it for any other purpose.
We may use third-party Service Providers to monitor and
analyse the use of our Service.
Google
Analytics
Google Analytics is a web analytics service
offered by Google that tracks and reports website traffic. Google uses the data
collected to track and monitor the use of our Service. This data is shared with
other Google services. Google may use the collected data to contextualise and
personalise the ads of its own advertising network.
For more information on the privacy practices
of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
Trees for the Future uses remarketing services to advertise
on third party websites to you after you visited our Service. We and our
third-party vendors use cookies to inform, optimise and serve ads based on your
past visits to our Service.
Google
Ads (AdWords)
Google Ads (AdWords) remarketing service is
provided by Google Inc.
You can opt-out of Google Analytics for
Display Advertising and customise the Google Display Network ads by visiting
the Google Ads Settings page: http://www.google.com/settings/ads
Google also recommends installing the
Google Analytics Opt-out Browser Add-on - https://tools.google.com/dlpage/gaoptout
- for your web browser. Google Analytics Opt-out Browser Add-on provides
visitors with the ability to prevent their data from being collected and used
by Google Analytics.
For more information on the privacy practices
of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
Our Service may contain links to other sites that are not
operated by us. If you click a third party link, you will be directed to that
third party's site. We strongly advise you to review the Privacy Policy of
every site you visit.
We have no control over and assume no responsibility for the
content, privacy policies or practices of any third party sites or services.
Our Service does not address anyone under the age of 18
("Children").
We do not knowingly collect personally identifiable
information from anyone under the age of 18. If you are a parent or guardian
and you are aware that your Child has provided us with Personal Data, please
contact us. If we become aware that we have collected Personal Data from
children without verification of parental consent, we take steps to remove that
information from our servers.
We may update our Privacy Policy from time to time. We will
notify you of any changes by posting the new Privacy Policy on this page.
We will let you know via email and/or a prominent notice on
our Service, prior to the change becoming effective and update the
"effective date" at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically
for any changes. Changes to this Privacy Policy are effective when they are
posted on this page.
If you have any questions about this Privacy Policy, please
contact us:
By email: training@trees.org