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Terms of Use
of the Greenhouse CMS

These Terms of Use set out the terms and conditions on which we provide authorised users (“you”) with access to our Content Management System software (“CMS”) in order to manage and update content on one or more websites (in each case the “Site”).

Access is only available to users who have been authorised by an organisation for whom we developed the Site and to whom we have agreed to make the CMS accessible (the “Organisation”).

Please read these Terms of Use carefully before proceeding to use the CMS. By using the CMS, or by clicking where indicated below, you are confirming your agreement to these Terms of Use, which will be legally binding on you.

1. Who We Are

We are Vividise Ltd, t/a Greenhouse School Websites, a company registered in the UK under number 06404170 whose registered office address is at 1 Highbridge Wharf, Greenwich, London Our VAT registration number is 942 6830 11.

If you wish to contact us, you contact us using this address or using the contact link on our Site.

2. Our Services and Your Use of the CMS

Our obligations. We have agreed to provide the functions and services of our CMS to the Organisation and its authorised users under a separate agreement governed by our Terms of Service, and our obligations to the Organisation are set out in those Terms of Service. We will have no obligation nor any liability to you personally under these Terms of Use in connection with the CMS or Site.

Your rights. You may access and use the CMS (and through it, the Site) for as long as we have an agreement in place with your Organisation under which such access is allowed. Your rights of access are not transferable.

Your obligations.You accept the following obligations as conditions of your access to the CMS and Site:

  • you confirm that you are authorised to contract with us on these Terms of Use, and to conduct any activities which you may conduct through your account. This means in particular that if you are an individual you are over eighteen years old or supervised by a parent, teacher or guardian and that you are authorised by the Organisation to act on its behalf in relation to the Site;
  • you may only use the CMS and Site for lawful purposes. You may not use it in any way that breaches any local or international law, for the purposes of fraud, or to transmit unsolicited advertising or spam;
  • any content or materials you upload to the CMS or Site, and any sites or materials to which any link on the Site resolves, must not infringe any applicable laws, regulations or third party rights (and in particular must not be obscene, defamatory, threatening, liable to incite racial hatred or acts of terrorism, menacing, constituting a breach of confidence or contempt of court, or infringing any third party’s intellectual property rights);
  • any information you submit at any time (whether registering for an account for access to the CMS, uploading content or otherwise) must be true and not misleading;
  • you must not misuse the CMS or Site by introducing viruses or other malicious code to it or to our systems, nor try to gain unauthorised access to it or them, to any related systems or servers or to any related source code. You must not attack the CMS or Site through DDOS or otherwise. As you probably know, breaching this provision would be a criminal act, which may oblige us to report you to law enforcement and provide them with such information as we may have about you; and
  • you must keep your account and password login details secure, and not allow anyone else to use your account. If any activity takes place on your account then you are responsible for it. You must let us, and the Organisation know immediately if you discover or suspect that someone else has accessed your account.

3. Our Use of Personal Data

Our use of personal data. We will use any personal data which you provide to us, including your login information and any personal data comprised in any content you may upload to the CMS or Site, in accordance with our Privacy and Cookie Policy and the Terms of Service agreed with your Organisation. In particular, this means:

  • we shall process the personal data only in accordance with the Terms of Service and any lawful instructions reasonably given by the Organisation from time to time;
  • we shall take appropriate technical and organisational measures against unauthorised or unlawful processing of the personal data or its accidental loss, destruction or damage;
  • we may disclose that personal data to third parties who are our sub-processors and who provide us with hosting services, such as Google, Amazon Web Services, and FastHosts Internet Ltd. In each case the data will be hosted on servers within the EEA.

You warrant that you grant, or you or the Organisation has secured, all necessary consents to our use, processing and transfer of all such personal data.

4. Breach and Suspension

We may suspend or terminate your access to the Site or CMS at any time, and in particular may do so if we have reason to believe that you are in breach of these Terms of Use or have caused any breach on the part of your Organisation of the Terms of Service.

If your Organisation ceases to be entitled to access and use the CMS or Site, then your access will be terminated automatically.

5. Indemnity

If we are subject to any third-party claim as a result of your breach of any of your obligations under these Terms of Use, or as a result of your negligence, misrepresentation or other wrongful act, then you will indemnify us against that claim. “Indemnifying us” means you will indemnify us and hold us harmless against all costs, expenses, losses, damages or liabilities suffered or incurred by us as a result of or in connection with that third-party claim, including (without limitation) any legal and professional fees. You also agree to provide us with all reasonable assistance and information we may request from you in order to enable us to defend and settle the claim and mitigate our (and your) liability.

6. Disputes and Governing Law

Governing law. These Terms of Use, and any contract between you and us on the Terms of Use, are governed by the law of England and Wales. If any dispute arises between you and us in connection with their subject matter then the courts of England and Wales will have exclusion jurisdiction over such dispute. However, if you are not resident in England or Wales then we reserve the right to bring proceedings against you in any court in your country of residence.

7. Revisions

We may revise these Terms of Use at any time. By continuing to use the CMS you will be accepting our revised Terms.

8. General

Entire Agreement. Any contract between you and us constitutes the entire agreement between the parties in relation to its subject matter. Each party acknowledges that in entering into the contract it does not rely on any representation or warranty not set out in the Terms.

Assignment. We may transfer our rights and obligations under our contract with you to another organisation. We will always tell you in writing if this happens. You may only transfer your rights or your obligations under your contract with us to another person if we agree to this in writing.

Severance. Each of the provisions of the Terms operates separately. If any court or relevant authority decides that any of them (or any part-provision) are unlawful, the remaining provisions (or part-provisions) will remain in full force and effect.

No Waivers. If we do not insist immediately that you do anything you are required to do under the Terms of Use, or if we delay in taking steps against you in respect of your breach, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Third Party Rights. A person who is not a party to any contract under these Terms of Use shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of them, except that any user of our Site may enforce these Terms in relation to such rights as you have granted them under Your Content.

9. Contact Us

If you have any questions, comments or requests regarding the Terms of Use, please contact us at Vividise Ltd, t/a Greenhouse School Websites, at 1 Highbridge Wharf, Greenwich, London or info@greenhouse.email.

Last updated: February 2018

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