MyGreenThumb Terms & Conditions

Please read these terms and conditions carefully before using this web portal.

1. These Terms

These terms and conditions of use (“Terms”) are the terms on which you may access and use the Greenthumb web portal (“Web Portal”) via the website [my.greenThumb.co.uk] (“website”). Use of the Web Portal includes accessing, browsing and using the Web Portal, including to make a request for a booking, or to approve a quote, or to accept recommendations, for lawn care services provided by us or one of our franchisees trading as GreenThumb Lawn Treatment Service (“Franchisee”), and to view and manage bookings for lawn care services.

By using the Web Portal, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you should not use the Web Portal. We recommend that you print or save a copy of these Terms for future reference.

These Terms were last updated in January 2024.

We may amend these Terms from time to time. Every time we amend these Terms, we will inform you by email or a push notification through the Web Portal. By continuing to use the Web Portal after receiving such information, you confirm that you accept, and agree to comply with, the amended Terms.

2. Who we are and how to contact us

The Web Portal is operated by Greenthumb Limited, a limited company registered in England and Wales under company number 03304341, whose registered office is at Integra, St Asaph Business Park, St Asaph, Denbighshire, LL17 0JD, and whose VAT number is [682576105].

References in these Terms to “we”, “us” and “our” are to Greenthumb Limited and, where such references relate to bookings for lawn care services which are to be provided by one of our Franchisees, the relevant Franchisee.

If you wish to contact us in relation to the Web Portal or these Terms, including to make a complaint, please contact us by email at customerrelations@greenthumb.co.uk

3. Other applicable terms and conditions

Our Terms and Conditions for the Supply of Services will apply to each contract between you and us for the provision of lawn care services.

We will process the personal data provided by you when you access and use the Web Portal in accordance with our Privacy Notice. Please take time to read our Privacy Notice as it contains important terms that apply to you. Please also read our Cookie Notice, which includes information about the cookies used on the Web Portal.

4. Your account

You will be required to create an account to access and use the Web Portal.

As with any site or digital service, we recommend that you treat your login details for your GreenThumb account as confidential and not disclose such details to any person. If you know or suspect that anyone other than you knows your login details, you must immediately change your password, and you must promptly notify us by email to the email address set out above.

To make a request for a booking, or to approve a quote, or to accept recommendations, for lawn care services, you will need to follow the steps set out in the Web Portal.

5. Availability of the Web Portal

The Web Portal is made available free of charge. You must be 18 or over to access and use the Web Portal.

You are responsible for making all arrangements necessary for you to have access to the Web Portal. We shall not be liable where you are unable to connect to or access the Web Portal if this results from any faults, errors or problems relating to your PC hardware, software, network or security, or your Internet service provider or any other similar problem.

We do not guarantee that the Web Portal, or any content on the Web Portal, will always be available or be uninterrupted. We will not be liable to you for any unavailability or interruption of the Web Portal. We recommend that you back up any content and data used in connection with the Web Portal in case of any issues with the Web Portal.

We may update, change, suspend, withdraw or restrict the availability of all or any part of the Web Portal for any reason (including business, operational and security reasons). We will try to give you reasonable notice of any major update or change, or any suspension, withdrawal or restriction.

6. Uploading information to the Web Portal

You may be required to upload certain information or content to the Web Portal, for example when you create an account or make a request for a booking for lawn care services. Or you may make use of a feature that allows you to upload information or content to the Web Portal, for example a ‘contact us’ form. You agree that any such information or content you upload to the Web Portal (“Your Content”):

• is true, accurate, complete and up to date;
• is not fraudulent or misleading; and does not impersonate any person or misrepresent your identity;
• does not breach any applicable local, national or international law or regulation, or advocate, promote or incite any person to commit any unlawful or criminal act or act of terrorism;
• does not infringe our proprietary rights or those of any third party (including intellectual property rights and rights to privacy);
• does not include any personal data of a third party unless you have obtained that third party’s prior written consent;
• does not breach any duty of confidence or confidentiality obligations;
• does not advertise or promote the products or services of any third party;
• does not contain any content that is threatening, defamatory, obscene, indecent, harassing, offensive (whether racially, religiously or ethnically), discriminatory or otherwise objectionable.

When you upload content via the Portal, you retain all of your ownership rights to your content, but you also allow GreenThumb to make use of the content in a reasonable way.

Specifically, you allow GreenThumb distribute and make the content available to third parties (including third party payment providers and IT providers) for the purposes of providing services to you. For more information about the data we collect about you and the purposes for which we use such data, please read our Privacy Notice.

We have the right to remove any part of your content if, in our opinion, it does not comply with the content standards set out above.

7. Intellectual property rights in the Web Portal

We are the owner or the licensee of the domain name of the website (my.greenthumb.co.uk) and all intellectual property rights (including trademarks, copyright and design rights) in the Web Portal and its content. Our status (and that of any identified contributors) as the authors of content on the Web Portal must always be acknowledged (except where the content is user-generated).

You may print off one copy, and may download extracts, of any pages from the Web Portal for your personal use only. You must not modify the copies of any materials you have printed off or downloaded from the Web Portal in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You must not use any part of the content on the Web Portal for any commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy, download, share or repost any part of the Web Portal in breach of these Terms, then (in addition to our rights set out in section 13 below) we may require you to, at our option, return or destroy any copies of the materials you have made.

8. Information on the Web Portal

The Web Portal is directed to individuals residing in the UK. We do not represent that content available on or through the Web Portal is appropriate for use or available in other locations.

The content on the Web Portal (including any advice and tips relating to lawn care) is provided for general information only. We would always recommend that you obtain specialist advice (including from your usual GreenThumb representative) relating to your particular lawn and circumstances before taking, or refraining from, any action on the basis of the content on the Web Portal.

Although we make reasonable efforts to update the information on the Web Portal (including the information relating to your account, for example outstanding invoices), we make no representations, warranties or guarantees, whether express or implied, that the content on the Web Portal is accurate, complete or up to date.

9. Acceptable use of the Web Portal

You may only use the Web Portal for lawful purposes. You agree that you shall not use the Web Portal:

• in a way that breaches any applicable local, national or international law or regulation;
• in a way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
• to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam) to any person; and
• in a way that infringes our proprietary rights or those of any third party (including intellectual property rights and rights to privacy);
• to reproduce, duplicate, copy or re-sell the Web Portal (in whole or in part), except as expressly permitted by these Terms.
• to interfere with GreenThumb’s IT systems and data in a malicious manner by attempting to hack, introducing viruses, malware, spyware, or gaining access to the portal under false pretences either via direct use of the Portal or otherwise interfering with GreenThumb’s IT systems and data.

10. Our liability to you

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and liability for fraud or fraudulent misrepresentation.

Please note that we only provide the Web Portal for your personal use. You agree not to use the Web Portal for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We do not guarantee that the Web Portal will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access the Web Portal. You should use your own virus protection software.

If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

The security of communications sent over the Internet (including by email) is subject to many factors outside of our control. We do not guarantee the security or confidentiality of any electronic communications and shall not be responsible to you for any loss or damage that you may suffer as a result of the transmission of any such communications.

If our provision of the Web Portal or support for the Web Portal is suspended or delayed by an event outside our control, then we will not be liable for the suspension or delay.

11. Failure to comply with these Terms

If you fail to comply with any of the provisions of these Terms, we may (at our discretion) decide to take all or any of the following actions as we deem appropriate:

• immediate withdrawal (temporary or permanent) of your right to access and use the Web Portal, including the disabling of your account;
• the issue of a warning to you;
• legal proceedings against you for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) suffered or incurred by us as a result of your breach;
• further legal action against you;
• disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We shall not be liable for actions taken by us in response to breaches of these Terms. The responses described in this section 13 are not limited and we may take any other action we reasonably deem appropriate.

12. Rules about linking to the Web Portal

You may link to the homepage of the Web Portal, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to the Web Portal in any website that is not owned by you or any website that includes unlawful or fraudulent content or has any unlawful or fraudulent purpose or effect. The Web Portal must not be framed on any other website.

We reserve the right to withdraw linking permission without notice.

13. Other important terms

We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract between us relating to your use of the Web Portal.

If a court finds part of these Terms illegal, the rest will continue in force. Each of the sections of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections will remain in full force and effect.

Even if we delay in enforcing these Terms, we can still enforce them later. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

14. Governing law

These Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

Terms and Conditions updated 21.07.2024