The Flourish Academy Ltd
Website Terms & Conditions
General
The information, artwork, graphics, animation, branding, text, video, audio, pictures, software and other intellectual property (collectively, “Materials”) contained on the Website are protected by copyright under English and Welsh law. However you access The Flourish Academy Ltd Website, and any subsidiary sites, including using any type of device; mobile, tablet, laptop or desktop, you may only access and use the Materials for personal use. You may not otherwise reproduce, distribute, publicly perform, publicly display, modify or create derivative works of the Materials (or authorise others to) for commercial gain, unless authorised by the appropriate copyright owner.
Framing of the Website is permitted only with The Flourish Academy Ltd’s express agreement, and any stipulation on how the framing will be displayed or made available on any third party site shall be at The Flourish Academy Ltd’s sole discretion. The Flourish Academy Ltd reserves the right to withhold consent for any reason and any failure to monitor or control each instance of framing shall not be considered a waiver of any of The Flourish Academy Ltd’s rights.
You expressly agree that use of the Website and related services is at your sole risk. The Website, Materials and related services are provided on an “as is” and “as available” basis. The Flourish Academy Ltd makes no representations or warranties with regard to the Website or any Materials therein, whether express or implied, arising by law or otherwise, including, without limitation, any fitness for a particular purpose or non-infringement or any implied warranty arising out of course of performance, course of dealing or usage of trade.
By using the Website, Materials or related services, you agree that The Flourish Academy Ltd will not be liable for any loss or damage of any nature whatsoever and howsoever arising out of or in connection with the viewing, use or performance of the Website, Materials or related services whether due to inaccuracy, error, omission or any other cause.
The Flourish Academy Ltd reserves the right to change any content on this Website, including but limited to, revising and/or deleting or adding features or information without prior notice to users, if, however, you have any queries or comments about this Website and/or its content please let us know by contacting us at trevor@theflourishacademy.com. By using this Website you agree to these Terms of Use. The Flourish Academy Ltd reserves the right to prevent access to any user who is found to be in breach of these Terms of Use.
If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable.
The Flourish Academy Ltd’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Changes may be made to these Terms of Use from time to time. These terms of use are governed in all aspects by the Laws of England and Wales. Legal proceedings related to the matters set out in the terms of use shall be brought and adjudicated solely in the courts of England and Wales.
Data Protection
The protection and security of Users personal data is paramount to us, and we are compliant with the GDPR (General Data Protection Regulation)
We believe in the best practice principle of privacy by design and default, and we take privacy into account throughout any Users interaction with our website via any device; mobile, tablet, laptop or desktop.
At the launch of The Flourish Academy Ltd website in July 2018, our intention is not to collect or store people’s data; including name and email address. If this changes, as stipulated by GDPR, we will log the date and time Users have signed up to The Flourish Academy Ltd site.
We will ensure that the Users data will be securely stored either on our servers, or by third parties, eg Mail Chimp.
If we do utilize any third party sites to store your data, we will ensure that they are covered by the GDPR when we enter into any legally binding agreement with them. This ensures that Users data stays private, secure and protected.
There are constant threats to data security, including the 3 most important data-security challenges.
- Accidental Data Leaks
To prevent these we will put in place internal security measures and processes. - Disgruntled Employees/Contractors
We understand there have been a number of cases of disgruntled employees/contractors taking revenge on their employers, and stealing data. We will put in place measures including a solid data access policy and strict access criteria that will help prevent this happening. - Cybercrime
To prevent this ever increasing global concern for organisations, we will adopt an end-to-end approach to our cyber defenses, ensuring that our internal security measures protect against any potential risks.
If any of these above issues were to affect The Flourish Academy Ltd, we would notify Users within 48 hours of any data breach.
Users have the right to access and amend their data at any time. If Users wish to do this, please contact us at trevor@theflourishacademy.com. Depending on Users requests, we will provide them with screenshots of their personal data we have stored, or Users can email us any amendments they want made to the data we hold. Examples of this could be email address change, or name change.
If Users want their personal data removed from The Flourish Academy Ltd’s website, and any subsidiary sites, they must notify us at trevor@theflourishacademy.com. We will ensure that within a 72 hour timeframe of Users contacting us, all of their personal data will be erased from The Flourish Academy Ltd’s websites, any subsidiary sites, our servers, or any third party servers that The Flourish Academy Ltd currently uses. We will always respect that Users have the right to be forgotten.
Links
This Website may contain links to other Websites, including any third party sites; and any other organisations, charities or companies, not named here. The Flourish Academy Ltd is not responsible for, or liable for the content or Terms of Use and practices of any other Websites accessed via our site, or subsidiary sites. All external Websites are accessed at the Users own risk.
Cookies
The Flourish Academy Ltd sometimes uses cookies. Click here to view our Cookies Policy.
Third Parties
When we include links to external web sites, we do so solely as a convenience to our Users. Operators of such linked sites may acquire personal information about you through registration procedures or other means and may use that information in accordance with their own privacy policies, over which we have no jurisdiction, or control. Your access and use of linked sites is solely at the Users own risk.
Disclaimers, Limitation on Liability
The Flourish Academy Ltd websites and any subsidiary sites state that all User content, and all materials, services, products, and software used or made available on or through The Flourish Academy Ltd web sites, and any subsidiary sites, are provided strictly “As Is”. Users use The Flourish Academy Ltd web sites, and any subsidiary sites at their own risk, and we disclaim any express or implied warranties. We do not guarantee security associated with transmitting personal information through The Flourish Academy Ltd website, or any subsidiary sites. We cannot guarantee that the Flourish Academy Ltd website, and any subsidiary sites will function or perform in any particular manner, that defects will be immediately corrected, or that they will be free of viruses or other harmful components.
The Flourish Academy Ltd are not responsible for any interruption, failure, delay, or if our websites, and any subsidiary sites were to become inoperable. The Flourish Academy Ltd website, and its subsidiary sites, are not responsible for any User content becoming unavailable, for whatever reason; this could include but is not limited to, internet malfunction and failure, problems with hardware or software, viruses, bugs, tampering, fraud, internet traffic congestion or any other reason.
The Flourish Academy Ltd are not responsible for any malicious code, delays, inaccuracies, errors, or omissions arising from your use of our website, or any subsidiary sites. The Flourish Academy Ltd are not responsible for any delay or failure in performance, resulting from acts of nature, forces, or causes beyond our reasonable control.
To the extent permitted by English and Welsh law, The Flourish Academy Ltd are not responsible for any loss, injury or damages of any kind (whether as a result of contract law, tort, statutory duty or otherwise, and even if foreseeable or if The Flourish Academy Ltd have been advised of the possibility of such damages) arising from or related to:
- The use, performance or operation of The Flourish Academy Ltd website, and any subsidiary sites.
- Any investigation by English & Welsh law or Government regarding any use of The Flourish Academy Ltd, and its subsidiary sites.
- Any interaction, communication or transaction with, or any conduct of, any User or organization found on, or through The Flourish Academy Ltd website, and its subsidiary sites.
Indemnity
You agree to indemnify, defend and hold The Flourish Academy Ltd, its website, and Its subsidiary sites, harmless from and against all claims, actions, losses, expenses, damages and costs (including reasonable lawyers’ fees) arising from or related to:
- Your use of The Flourish Academy Ltd’s website and its subsidiary sites.
- Any violation of this Agreement or applicable law, rule or regulation;
- Your submission, transmission, display, distribution, reproduction, modification, creation of derivative works, storage, sale, transfer or other use of User Content or other materials.
- Any theft, disclosure, sharing or other misuse of content that Users have access to. The Flourish Academy 2018.
