Terms & Conditions of Use of Website
Access to and use of this website is provided by the Board of Trustees of the Royal Botanic Gardens, Kew and is on the following terms and conditions which shall apply whether or not you are a guest or a registered user. If you do not agree to these terms, then please do not use the website. Your use of this website will mean that you accept these terms and the privacy statement included on this website. We may change these terms and/or the privacy statement at any time and your continued use after any such changes are made confirms your agreement to those varied terms.
Your use of the website
You may only use this website for lawful purposes. You must not do anything which may infringe the rights of a third party, or restrict or prevent the use of the website by a third party. For example, you must not: engage in conduct which is unlawful or which may harass, distress or inconvenience any person; transmit obscene or offensive content; or do anything which may disrupt the normal flow of dialogue within this website.
Use of materials and data
Unless otherwise indicated, all content on this website is licensed under the Creative Commons Attribution-Non-Commercial-Share Alike 2.0 UK: England & Wales Licence. Where material is owned by a third party, certain restrictions may apply that you have to comply with. Where restrictions apply, they will be indicated on the relevant part of this website.
The website includes registered trade marks and trade marks which are the subject of pending applications or which are otherwise protected by law including, but not limited to the words: , . You may not use these trade marks or the names ‘Kew’, ‘Royal Botanic Gardens, Kew’ or ‘Wellcome’ and ‘Wellcome Trust’ without our prior written consent or the prior written consent of Wellcome Trust.
Uploading material to our website
You must not upload or transmit material:
- which is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
- for which you have not obtained all necessary licences and/or approvals; or
- which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
- which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
Moderating uploaded content
Teachers will be asked to moderate any photographs that children from their class or school have uploaded, and must not approve any photographs which are contrary to these terms and conditions. In approving any photographs containing an image or images of children under 16, teachers are also confirming that they have secured parental consent in respect of photographs, using this parental consent form.
Exclusion of warranties
While every effort has been taken to ensure that the information on this website (including in the databases) is reliable and complete, this website and all information, data and other materials on it, is provided only on an “as is” and “as available” basis. Both Wellcome Trust and the Board of Trustees of the Royal Botanic Gardens, Kew and the other collaborators in the Great Plant Hunt (“Great Plant Hunt Collaborators”) do not accept any responsibility for any errors or omissions in any data or any other material on or accessed through this website. The Great Plant Hunt Collaborators exclude all warranties (whether express or implied) in respect of such data and other material (including as to satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security or accuracy). Where you download files and/or data from this website you do so at your own risk.
The Great Plant Hunt Collaborators give no warranty that this website, functions in the data and other material on this website or the technology that provides this website will be uninterrupted and/or free from bugs, viruses or errors.
Exclusion of our liability to you
To the fullest extent that The Great Plant Hunt Collaborators may do so by law, we exclude our liability and that of our agents, employees or sub-contractors, for any loss, damage, claim, cost or expense however it may arise, whether from an inability to use this website, use of any materials on or from this website or otherwise in connection with this website.
We do not exclude our liability for damages resulting from our fraud or for death or personal injury resulting from our negligence. In no circumstances will The Great Plant Hunt Collaborators, our agents, employees or sub-contractors be liable to you for any business interruption or loss of use, data, profits, contracts or goodwill or any anticipated savings.
Links to other websites
The Great Plant Hunt Collaborators do not accept any responsibility for the accuracy or quality of the information found on websites linked to this website, or for sites linked to those other websites.
Links from other websites
If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:
- you do not create a frame or any other browser or border environment around the Website;
- you do not misrepresent your relationship with the Great Plant Hunt, Board of Trustees of the Royal Botanic Gardens, Kew or The Wellcome Trust;
- you do not remove, distort, alter the size or appearance or otherwise use any trade marks displayed on the Website without express written permission from the trade mark owner;
- you do not use the link to obtain commercial gain or benefit;
- you do not link from a website that is not owned by you; and
- your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations and/or contains content that promotes the use of unproven herbal remedies or alternative medicines and/or content that is at odds with the aims and objectives of the Board of Trustees of the Royal Botanic Gardens, Kew and/or the charitable aims of Wellcome Trust.
If these terms are unenforceable
If any of these terms are determined by a court to be illegal, invalid or otherwise unenforceable, these terms will still apply, but the provision which was held to be invalid, illegal or otherwise unenforceable will no longer have effect.
Rights of third parties
These terms are not enforceable under the Contracts (Rights of Third Parties) Act 1999 by any person not a party to them.
The law governing these terms
These terms will be governed by the laws of England and Wales. Any disputes under these terms shall be dealt with exclusively by the courts of England and Wales.
This is a statement of our current use of your data. It is not intended to form a binding contract and may be changed at any time by the Board of Trustees of the Royal Botanic Gardens, Kew.
Your personal data
If we need to, we may collect personal information such as your name, title, e-mail address, telephone or fax number. Our policy is not to ask for sensitive personal data - that is, data relating to: race or ethnic origin; political opinion; religious or other similar beliefs; trade union membership; physical or mental health; sexual orientation; criminal records. We recommend that you do not provide such information to us. If you choose to do so for any reason, this will mean that you have given (and we accept) your explicit consent for us to use that information for the reasons described in this policy, or as explained at the time you provide the information.
Under the Data Protection Act 1998, you may ask for a copy of the information we hold about you and you may request changes be made to this information if it is inaccurate or not up-to-date. If you want to change the details that you have registered on-line with us, follow the instructions for each individual application. To help us improve our services, if you send us personal information which identifies you via e-mail, we may keep your email, your e-mail address and “screen” name. We may also collect information that is available from your browser.
Use of your data
We will not, without your permission, give any of your personal data to any third parties other than the Great Plant Hunt Collaborators. We will contact you from time to time during the course of The Great Plant Hunt project to keep you updated with useful information, details of events and further availability of education resources. You will be able to unsubscribe from these communications without unsubscribing from other Great Plant Hunt services.