Green Flower | Consumer & E-Commerce Licensing, Terms & Conditions

Full Consumer Terms and Conditions:

PUBLIC TERMS & CONDITIONS

These terms and conditions apply to Services provided by Green Flower of 5600 Everglades Street Unit C Ventura, CA 93003 United States (“Green Flower” or “we” or “us”).

You may contact us on info@greenflowermedia.com

Please read these terms and conditions carefully before purchasing an online course and print off a copy for your records.

If there is any conflict between our Website Disclaimer, these terms and conditions and any Course Specific Terms and Conditions which might apply to a specific Online Course or Taught Course then the conflict shall be resolved by applying the following order of priority:

• Course Specific Terms and Conditions;
• These Standard Terms for the Purchase of Online and Taught Courses;
• Website Disclaimer.

For purchases via our website, by clicking on the “Accept” button you agree to the terms of this agreement which will bind you. If you do not agree to these terms and conditions you must cease to continue to purchase any Services from us.

1. Definitions

“Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Course Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.

“Course Materials” means the information provided by Green Flower to accompany a course provided as part of the Services in hard copy or electronic form.

“Fees” means the fees paid by you to Green Flower for the Services.

“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.

“Online Course” means the delivery by us of an online course pursuant to which you learn course materials remotely.

“Services” means the provision of the Online Course with such other services as agreed from time to time and purchased by you through the Website.

“Website” means www,greenflowermedia.com
“you” means the individual purchasing the Services.

2. The Services

2.1. A description of the Services together with the dates on which the Services will begin are available on our Website. We will provide the Services with reasonable care and skill in accordance with the description set out on the Website.

2.2. We reserve the right to vary or withdraw any of the Services described on the Website without notice.

2.3 We expect you to confirm that the Services you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a particular result, professional qualification or employment opportunity from your purchase and completion of any of the Services.

3. Ordering Services
Purchasing Services via the Website

3.1. In order to purchase any of the Services on-line you must register for an account with us via the Website. If you already have an account with us you can log into your account using your user name and password.

3.2 Cancellation and Variation:
If you have purchased an Online Course and have already accessed, downloaded all or part of the Online Course and/or started to use that Online Course then you shall have no right to cancel your order.

4. Fees

4.1. The Fees for the Services shall be as set out on the Website

4.2. Unless otherwise specified at the time you purchase the Services the Fees are inclusive (check) of sales or other local taxes

4.3. Fees for the Service selected by you on the shall be debited from your credit / debit card at the time of purchase. Fees must be paid in full prior to accessing any Online Course.

4.4. Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and Green Flower shall not be responsible for these.

4.5. You shall be responsible for all costs you incur in connection with your access onto any Online Course.

4.6. Refunds, Cancellations, Purchase Transfers: All purchases of online products, including online courses and online exams, are final, nonrefundable, and nonreturnable. Online courses expire 90 days from the date of purchase. Provided you do not access more than 20% of the content purchased AND we receive your refund or program change request within the first 7 days from the date of purchase, we may, at our sole discretion, allow you to exchange purchase of one GFI certificate program enrollment for another GFI certificate program enrollment.

4.7. Commercial Support: We do not and will not in the future seek or accept commercial support, including sponsorship, for certificate programs.

5. Liability

5.1. Although Green Flower aims to provide the Services to the highest standards of the industry, neither it, nor its trainers accept any liability for (i) any inaccuracy or misleading information provided in the programs or Course Materials and any reliance by Client on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.

5.2. Green Flower’s total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Online Course in relation to which a dispute has arisen.

5.3. No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by us.

6. Intellectual Property

6.1. All Intellectual Property Rights in the Course Materials and Online Courses are, and remain, the intellectual property of Green Flower or its licensors.

6.2. You are not authorized to:
(i) copy, modify, reproduce, re-publish, sub-license, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written consent;
(ii) record on video or audio tape, relay by videophone or other means the Online Course
(iii) use the Course Materials in the provision of any other course or training
(iv) remove any copyright or other notice of Green Flower on the Course Materials;
(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses.

Breach by you of this clause 6.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Online Courses.

6.3. In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive license to use the Course Materials and the software in respect of the Online Course for the sole purpose of completing the Online Course and / or attending the Taught Course.

7. Confidentiality

7.1. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions, and shall return it on demand and not retain copies of it.

7.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.

7.3. This clause shall continue notwithstanding termination of these terms and conditions.

8. Termination

8.1. We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:

• fail to pay when due your Fees;
• act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of Green Flower;
• cheat or plagiarize any work which you are required to prepare or submit in connection with the Services or during any examination taken in connection with the Services;
• are in breach of these terms and conditions;
•  

9. Assignment

Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person.

10. Data Protection

10.1 The nature of the Services provided by us means that we will obtain, use and disclose (together “Use”) certain information about you (“Data”). This statement sets out the principles governing our Use of Data. By purchasing the Services you agree to this Use.

10.2 When you register with us you will need to provide certain Data such as your contact details and demographic information. We will store this Data and use it to contact you, provide you with details of the Services you have purchased and otherwise as required during the normal provision of the course.

10.3 We may also use the above Data, and similar Data you provide us in response to surveys, to aggregate user profiles and, unless you click on the relevant button on the Registration Form, provide you with communications. We will not pass any personal data onto anyone outside of Green Flower

10.4 To enable us to monitor and improve our Services, we gather certain aggregated information about you, including details of your operating system, browser version, domain name and IP address, the URL you came from and go to and the parts of the Website you visit.

10.5. We use information such as your User ID, session identifiers and password to enable us to identify whether you are using our services, assist with the provision of services and to ensure that you have access to relevant products. We will only read cookies from your cookie file placed there through your web browser’s interaction with the Website.

10.6. Our products may link to third party websites and we are not responsible for their data policies or procedures or their content.

10.7. Green Flower endeavor to take all reasonable steps to protect your personal Data including the use of encryption technology, but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting on-line over the internet and will not hold us responsible for any breach of security.

10.8 You are solely responsible in all respects for the use, protection and confidentiality of any password given to you or selected by you for use on the online portal. Such passwords may only be used by you personally and may not be shared or transferred to any third parties. You must notify Green Flower immediately of any unauthorized use or breach of security regarding site access which comes to your attention.

10.9 You are responsible for ensuring that your computer system meets all relevant technical specifications to use the site, is compatible with the site and capable of running the products. You must not attempt to interfere in any way with the proper working of the site and in particular you must not attempt to circumvent security, tamper with, hack into or otherwise disrupt any computer system, server, website, router or any other internet connected device.

Complaints Procedure

11.1 Green Flower seeks to use all reasonable endeavors to ensure that we provide the highest quality services possible for our students, clients and partners, but we acknowledge that there may be times where a delegate wishes to bring an issue to our attention or raise a concern regarding an aspect of our service.

11.2 Informal Complaints 

In most instances, the issue can be resolved simply by discussing it with the individuals involved, or raising the issues with the relevant member of the client services team. The majority of issues can usually be resolved quickly and easily through either of these channels. Alternatively you can use the evaluation surveys provided for certain programs to raise issues – these will all be processed and analyzed.

11.3 Formal Complaints and Escalation

If the matter is not successfully resolved to your satisfaction via informal means, or the issue is of a serious nature, a formal complaint should be made in writing to info@greenflowermedia.com as soon as is reasonably possible. The earlier the subject is raised the more likely that the matter will be resolved satisfactorily. Written complaints should state clearly the type and nature of the issue and summarize what steps have been taken to date to resolve it, as well as highlighting why these steps were deemed unsatisfactory. You will receive a response within 3 business days.

11.4 Once a decision has been made, the complainant will receive a summary which sets out details of the findings and, if the complaint is upheld, indicates what action will be taken.

Computer Systems and Virus Protection

Green Flower Media continuously reviews the services we provide to ensure they deliver appropriate levels of security and safety for our users. We recommend that users browsing any website, including Green Flower, GF Institute, or Ganjier, have up to date security and anti-virus software installed. Green Flower Media cannot be held responsible for any damage to a user’s computer or access device, caused either directly or indirectly by use of our services.

Appeals Procedure

12. Appeals

This document outlines the process of submitting an appeal by a certificate exam taker, certificate applicant or by an individual whose certificate has been invalidated in accordance with policy Certificate Issuance, Use and Invalidation

12.1. Scope

Any candidate who has been denied eligibility to sit for an exam, failed an exam or whose certificate has been revoked may appeal by submitting a written request to the Service Center within 30 calendar days of notification of the denial or revocation

12.2. The Process

Upon receipt of the appeal, the Service Center forwards the request to the Chair of the GFI for review. The chair may escalate the concern to the Certificate Steering Committee in order to make a final decision on the appeal within 30 days of receipt of the written request.

The final decision will be communicated in writing to the individual who submitted the appeal within 10 days of making the decision

The decision concerning the appeal is final

The Appeal Request Form is found on the website under Terms & Conditions. It must be completed online through the template form – Template below

12.3. Appeals Request Form

All requests for appeal must be submitted to GFI within 30 days of the original incident.

By clicking the SUBMIT button, your appeal is automatically sent to the Service Center for processing.

Disclaimer & Privacy Statement

WEBSITE TERMS AND CONDITIONS OF USE AND PRIVACY STATEMENT
IMPORTANT NOTICE:

1.    WEBSITE DISCLAIMER

These website terms and conditions (the “Terms”) bring together all our website policies, terms and conditions of use and other information about using the Website. The Terms also govern your use of the Website, our mobile application, and anywhere that these Terms are posted, in which case, the term “Website” herein covers the site or application on which these Terms are posted. Please read these Terms carefully. If you do not agree with these Terms, then please do not use the Website. If you do use the Website, then your conduct indicates that you agree to be bound by these Terms. We may change these Terms from time to time without notice to you in our sole discretion. 

Access to Website

We cannot guarantee the continuous, uninterrupted or error-free operability of the Website. Access to the Website is permitted on a temporary basis and we reserve the right to withdraw, modify or suspend the service we provide on the Website without notice. We will not be liable to you or any third party for any unavailability, modification, suspension or withdrawal of the Website, or any features, parts or content of the Website at any time for any period.
We may change the format and content of the Website from time to time without notice to you in our sole discretion. We cannot and do not guarantee that any content of the Website will be available or free from viruses and/or other code that may have contaminating or destructive elements.

Registering an account

When registering for an account you warrant that all information you provide is true and accurate to the best of your knowledge and belief. We reserve the right to refuse to register any user. You are solely responsible for protecting your login details and password and we will not be held liable for any loss or damage that may result from your failure to do so.

Closing an account

If you wish to close an account you have registered with us, then you may do so by emailing our client services team at clientservices@greenflowermedia.com We may close your account at any time if we believe you are in breach of these Terms or, acting reasonably, we believe it appropriate.  Should we close your account, we will provide you notice of such closure.

Restrictions on Use

Except to the extent permitted by these Terms you are not allowed to:

• use the Website and anything available from the Website for unlawful purposes;
• attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to our Website;
• reproduce, duplicate, copy or re-sell any part of the Website or anything available from the Website without our consent or in contravention of these Terms;
• store pages of the Website on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the pages of the Website;
• remove or change any content of the Website or attempt to circumvent security or interfere with the proper working of the Website or the servers on which it is hosted;
• use the Website 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; or
• otherwise do anything not expressly permitted by these Terms.

Intellectual property

We are the owner or licensee of all intellectual property rights in the Website and in any content of the Website (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos). You may only use any content of the Website for your personal, non-commercial use and may not reproduce, modify, transmit, license or publish it, in whole or in part, for any purpose without our prior written consent. In the event of any permitted copying, redistribution or publication of Website content, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading Website content.

2.    PRIVACY STATEMENT

Links policy

The Website may contain hypertext links to other Internet sites which are completely independent of this Website. We make no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such hypertext link or other Internet site, or that any such other Internet site (or websites which are linked to such other Internet site) or the server that makes it available is free from computer viruses or any other malicious or impairing computer program, and access to any other Internet sites linked to the Website is at your own risk. Linking to another website from the Website should not be taken as an endorsement of any kind. Although we endeavor to keep all links up to date, we cannot guarantee that these links will work all the time, and we have no control over the availability of external pages.

If you wish to link to the Website please contact the website manager at marketing@greenflower.com

Public posting areas

Please note that any information you include in a message you post to any public posting area is available to anyone with Internet access. If you do not want people to know your e-mail address, for example, do not include it in any message you post publicly. 

Collection and usage of non-personal data and Website data

When you visit the Website, we automatically gather and store the following information in order to track the use of our website:

• The IP address from which the Website is accessed;
• The name of the domain from which our visitors access the Internet;
• The type of browser and operating system used to access the Website;
• The date and time of your visit to the Website;
• Mobile device information (e.g., hardware model, operating system version, device identifier, and mobile network information;
• The pages, files, documents and links accessed during your visit; and/or
• The internet address of the website from which you linked to the Website (i.e. the previous site you visited, which referred you to the Website).

We will not make any attempt to identify individual Website users or their particular browsing activities from the information listed above. The information listed above is stored and used in the aggregate only, in order to provide us with information about the general use of the Website. Our Website logfiles are analyzed in order to make improvements to the Website.

Collection and use of personal data

Personal data is not stored nor captured through the Website without the prior knowledge and consent of users. Where personal information is captured (e.g. through web-based forms for feedback, registration, requests, etc.), the user will be informed as to what personal information is being collected, who will use it, and for what purpose(s) it will be used.

We may collect and process the following information about you:

• information (such as your name, email and postal address, telephone number, job title, date of birth and bank details) that you provide;
• in connection with your account, your log-in and password details;
• details of any transactions made by you through the Website;
• communications you send to us, for example to report a problem or to submit queries, concerns or comments regarding the Website and its content;
• information from surveys, promotions and competitions that we may, from time to time, run on the Website, if you choose to respond to, or participate in, them; and
• technical information from your mobile device relating to the services you receive.

Any personal data that you give us will be treated with the utmost care and security. We will hold your personal information on our systems for as long as it is still used for the purpose stated when originally requested. We will only collect personal information which you knowingly and willingly provide, for example by sending emails or completing online forms.

We will use the personal information you provide to:

• identify you when you sign in to your account and permit access into limited entry areas of the Website;
• enable us to respond to your requests and process your orders and to provide you with the services and information offered through the Website which you request;
• administer your account with us and notify you regarding changes and updates to the Website;
• alert you to special offers, updated information, or new services from us or third parties;
• fulfill the terms of a promotion;
• to contact you in response to a sign up form such as the “Contact Us” form;
• verify and carry out financial transactions in relation to payments you make online;
• analyze the use of the Website and the people visiting in order to improve our content and services including research into our Users’ demographics and tracking of sales data; and/or
• send you information we think you may find useful or which you have requested from us, including receipt of marketing communications such as our periodic newsletter.

We make every effort to ensure the secure collection, transmission and storage of personal data in accordance with the nature of such data.  Please note that we reserve the right to share your personal data with third parties.

You can tell us not to contact you with information regarding our products and services by following the unsubscribe instructions on any communications sent to you or by contacting us on marketing@greenflower.com

Use of cookies

Cookies are small pieces of information that include a unique reference code that a website transfers to your device to store and sometimes track information about you. A number of cookies we use last only for the duration of your web session and expire when you close your browser. Other cookies are used to remember you when you return to the Website and will last for longer. Cookies can therefore either be persistent or session based.

We use cookies to:

• remember that you have used the Website before (this means we can identify the number of unique visitors we receive and allows us to make sure that we have enough capacity for the number of users we get);
• allow you to navigate the Website more quickly and easily;
• remember your login session so you can move from one page to another within the Website;
• store your preferences;
• customize elements of the layout and/or content of the pages of the Website for you; and
• collect statistical information about how you use the Website so that we can improve the Website.

Sharing of personal data

We may share or disclose your personal information in the following instances:

• To fulfill a service to you. For example, if you request a product or service from us, we may share your personal information in order to provide the product or service to you. In addition, if you email us a question, we may use your email address to process your request and respond to your question. Also, if you are entering a sweepstakes or contest, we may use your personal information in order to fulfill the terms of that promotion. This means that we may share the information for prize fulfillment purposes or mail carriers. We also may share your information with the co-sponsor of that promotion.
• To affiliates, strategic partners, agents, third party marketers or other unaffiliated parties who are offering products or services that we believe may be of interest to you or who require your personal information for research, administrative and/or internal business purposes. These parties may use your personal information to contact you with an offer or advertisement related to a product or service, or they may use such information for their own research, administration or business purposes. If you do not want us to share your personal information in this manner, please do not provide us with this information.
• To unaffiliated third-party service providers, agents or independent contractors who help us maintain our Website and provide other administrative services to us (including, but not limited to, order processing and fulfillment, debt collection, providing customer service, maintaining and analyzing data, sending customer communications on our behalf, and entry collection, winner selection and prize fulfillment for contests, sweepstakes and other promotions). We seek to ensure that these unaffiliated third parties will not use the personal information for any other purpose than to provide the administrative services for which they are responsible. Because such unaffiliated third-party service providers that help us administer our Website will have access to users’ personal information, if you do not wish for our unaffiliated third-party service providers to have access to your information, please do not register or submit any personal information to us.
• To fulfill your order. If you choose to make a purchase on the Website, we may collect from you your credit card number, billing address and other information related to such purchase, and we may use such collected information in order to fulfill your purchase. We may also provide such information, or other personal information provided by you, to unaffiliated third parties as necessary to complete your purchase (for example, to process your credit card).
• To comply with the law or in the good faith belief that such action is necessary in order to conform to the requirements of law or comply with legal process served on us, protect and defend our rights or property or act in urgent circumstances to protect the personal safety of our end users.
• To third parties as part of any corporate reorganization process including, but not limited to, mergers, acquisitions, and sales of all or substantially all of our assets.
• To track and analyze non-identifying and aggregate usage and volume statistical information from our visitors and customers and provide such information to third parties.
• To protect against potential fraud, we may verify with third parties the information collected from our Website. In the course of such verification, we may receive personal information about you from such services. In particular, if you use a credit card or debit card to purchase services with us, we may use card authorization and fraud screening services to verify that your card information and address matches the information that you supplied to us, and that the card has not been reported as lost or stolen.

Except as described in these Terms or at the time we request the information, we do not otherwise use, share or otherwise disclose your personal information to any third parties.

Security

We have security measures in place to attempt to protect against the loss, misuse and alteration of personal information under our control. For example, our security and privacy policies are periodically reviewed and enhanced as necessary and only authorized personnel have access to personal information. Whilst we cannot ensure or guarantee that loss, misuse or alteration of information will never occur, we use all reasonable efforts to prevent it.
While we strive to keep the information that you supply directly or indirectly secure, please be aware that the Internet is not a fully secure medium.

Access to personal data

You may request a copy of all the personal information about you held by us. You also have a right to correct any errors in that information. Should you request that we amend or suppress records containing your personal data, we will endeavor to do so as promptly as practical. However, you may receive communications for a transitional period while we process your records.

Opt-Out

We communicate with users who subscribe to our services on a regular basis via email and text message. For example, for e-mail marketing, we may use your e-mail address to confirm your request, to send you notice of payments, to send you information about changes to our products and services, and to send notices and other disclosures as required by law. Generally, users cannot opt-out of these communications, but they will be primarily informational in nature rather than promotional. If you provide your mobile phone number and ask to receive information by text message, we may provide information in that manner. Additionally, we may send automated text messages (if you provide consent).  Where you consent to receive automated text messages from us, please note that your consent includes consent to receive both autodialed and/or pre-recorded telemarketing text messages or non-automated messages from or on behalf of us and our affiliated companies at the telephone number you provided.  You further understand that consent is not a condition of purchase and that message and data rates may apply. Additional terms and conditions, including message frequency, are provided at sign-up for any automated messages.

We provide you the opportunity to exercise an opt-out choice if you do not want to receive certain types of communication from us, such as emails or updates from us regarding new services and products offered on this Website or if you do not want us to share your personal information with third parties. For e-mails, the opt-out choice may be exercised by ticking or un-ticking the appropriate box if such checkbox is available at the points where information is collected or by contacting us. We will process your unsubscribe as soon as possible, but please be aware that in some circumstances you may receive a few more messages until the unsubscribe is processed. You also may opt-out of receiving such emails by clicking on the “unsubscribe” link within the text of the email.  You may also opt-out by sending us an email at marketing@greenflower.com.  Additionally, an opt-out will not remove you from messages that we are required to send under relevant laws or regulations.  You may ask us not to contact you by text message at any time by responding to a text message after it is received.  For automated text messages, you will have the opportunity to opt-out by replying “STOP” to any message received.  Please note that you hereby consent to receiving a confirmatory message in response to any opt-out request.