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Terms and conditions

On this page are the general terms and conditions relating to the Kew.org website, and the terms and conditions applying to Kew's Flickr channels.

  1. Kew terms and conditions
  2. Kew's Flickr group - terms and conditions

1. Kew's terms and conditions

Thank you for accessing www.kew.org (the 'Website').

We are the Board of Trustees of the Royal Botanic Gardens, Kew ('we', 'us' or 'our').

Use of our Website is subject to the following terms and conditions ('Terms'). Please read these Terms carefully as they will apply each time you access any part of the Website and to your use of any of our online available services, content or functionality (the 'Materials') save to the extent that these are provided by third parties under separate terms and conditions. By using and/or accessing our Website, you confirm that you accept these Terms and agree to comply with them. If you do not agree to these Terms, please do not use our Website.

About us

This Website is operated by the Board of Trustees of the Royal Botanic Gardens, Kew. We are a non-departmental public body with exempt charitable status, whose principal place of business is at Royal Botanic Gardens, Kew, Richmond, Surrey TW9 3AB.

Access to our Website

We may withdraw or amend the Materials or the Website and/or suspend or restrict access to the Materials or Website at any time without notice. We will not be liable if, for any reason, the Materials or our Website are unavailable at any time or for any period.

From time to time we may restrict access to some parts (or all) of our Website and/or the Materials to users who have registered with us. If we do so and if you choose, or are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat this information as confidential, and must not share it with any third party. We may disable any user identification code or password, whether chosen by you or allocated by us, at any time, if, in our opinion, you have failed to comply with any of these Terms.

We reserve the right to suspend or withdraw your access to our Website and/or Materials if, in our opinion, you have failed to comply with these Terms.

You are wholly responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons

who access our Website and/or Materials through your internet connection are aware of these Terms, and that they comply with them.

We do not claim that the Website or the Materials available through it, are appropriate for your particular use, or permitted by local laws, in all jurisdictions. Legal advice should be sought in cases of doubt and you shall remain wholly responsible for ensuring that the Website, and its Materials can be accessed and/or downloaded lawfully in your local jurisdiction.

Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in our Website and in the Materials published on it or contained in it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

Unless otherwise stated by us on our Website or elsewhere, you may print off one copy, and may download extracts, of any page(s) from our Website for your personal reference.

Subject to these Terms, we grant you a non-transferrable, non-sublicensable, royalty free, non-exclusive licence to display on your non-commercial website content that we may deliver from time to time via RSS feed and/or Facebook widget ("Feed Content").

Unless we give you written permission (either via this Website or otherwise) to do so you must not modify the Feed Content or paper or digital copies of any Materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors or licensors) as the authors of Material on our Website must always be acknowledged. You must ensure that where you use any Feed Content or other content from our Website on your website you incorporate a credit to us in the form of an acknowledgement of source and a functional link back to our Website where possible.

You must not use any part of the Materials on our Website for commercial purposes without obtaining a licence to do so from us or our licensors. If you would like to discuss licensing arrangements with us please contact us at licensing@kew.org.

If you print off, copy or download any part of our Website in breach of these Terms, or use the Feed Content in breach of these Terms, your right to use our Website and/or the Feed Content will cease immediately and you may be required, at our option, to return or destroy any copies of the Materials or Feed Content you have made.

We reserve the right to restrict, suspend or terminate our provision of the Feed Content, your access to the Feed Content or your licence to use the Feed Content without prior notice or liability. Upon receiving notice of termination from us you agree to destroy all copies of any Feed Content under your control.

You may only use trademarks or logos featured on our Website for the purpose of displaying the Website on your computer or printing out the Website on your printer and for no other reason. You shall not obtain any interest in any of our intellectual property rights by virtue of these Terms.

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but 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 from any website that is not owned by you.

Unless in relation to the Feed Content or otherwise expressly permitted on this Website, or under a separate licence agreement, our Website must not be framed on any other website, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content provisions set out in the section headed 'Your use of Communities/Blogs/Networking Tools on our Website' below.

Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Where you wish to access the Flickr Photos section of our Website please note that separate terms and conditions govern your use and access with regard to this section. Please note that this service is provided by a third party and we draw your attention to the sections of these Terms relating to third party material on our Website, laid out below.

You may not use any Feed Content or display any content from our Website on any website which incites hatred; promotes, encourages or facilitates violence, terrorism, illegal activity or antisocial behaviour; discriminates against any social group; or contains any material which is obscene, pornographic, misleading, inaccurate, homophobic, sexually explicit, objectionable, defamatory, racist, sexist, illegal, in breach of any copyright or other intellectual property right of a third party, contains swear words or language likely to offend, or is damaging to our software, IT systems, data or our Website or is damaging to any third party software, data, website or system.

Please note that you may be able to purchase goods or services on our Website from time to time. In these circumstances separate terms will also apply with regard to your use of these services or purchase. The terms will be clearly identifiable and will apply to the respective transactions you enter into on our Website. Please note that in some circumstances you may be entering into a contract with a third party rather than us. We will clearly notify you should this be the case and we urge you to read any third party terms carefully before placing any orders for goods and/or services to ensure you are fully aware of the terms relating to the transaction in question.

Reliance on content and changes

Commentary and other materials posted on our Website (including the Materials) are not intended to amount to advice on which reliance should be placed. We do not therefore accept any liability or responsibility from any reliance you place on such materials, or by anyone who may be informed of any of its contents.

Important Notice: Where we provide information on materials which may have medicinal or homeopathic qualities, the information provided is not to be treated as medical advice or any recommendation to try or use any of the remedies described. This information is intended to be used as a historical record only. It is not a substitute in any way for the advice of a qualified medical practitioner.

We aim to update our Website regularly, and may change the content at any time. Any of the Material on our Website may be out of date at any given time, and we are under no obligation to update such Material.

Our liability

The Material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group and third parties connected to us hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
  • Any liability for any direct, indirect or consequential loss or damage incurred by you or any user in connection with our Website, Materials or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any materials (including the Materials) posted on it, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Nothing in these Terms shall affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under the applicable law or which alternatively may affect your rights as a consumer (as applicable).

Unless clearly stated in our Website, the views and opinions expressed in the Communities (as described below) are those of third party users and we shall not be held responsible for any such content provided by third parties. We do not endorse, support, represent or guarantee the truthfulness, accuracy or reliability of any materials or opinions posted in the Communities.

The content of our Website may include technical inaccuracies or typographical errors. Changes are periodically made to the information contained on our Website and these changes will be incorporated in new editions or versions of our Website.

Information about you

We process information about you in accordance with our privacy policy. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate.

Your use of Communities / Blogs / Networking Tools on our Website

Whenever you make use of a feature that allows you to upload material to our Website, or to make contact with other users of our Website, you must comply with the content standards set out below. You warrant that any contribution made by you will comply with those standards, and you indemnify us for any breach of that warranty.

Any material you upload to our Website in a Community will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose this material to third parties for any purpose. We also have the right to disclose your identity to any third party who claims that any material posted or uploaded by you to a Community on our Website constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Website. We have the right to remove any material or posting you make on our Website if, in our opinion, the material does not comply with the content standards set out in this section.

You agree not to post (including in a Community (as defined below)), include in any message, transfer to or share via our Website, any material which is obscene, pornographic, misleading, inaccurate, homophobic, sexually explicit, objectionable, defamatory, racist, sexist, illegal, in breach of any copyright or other intellectual property right of a third party, contains swear words or language likely to offend, or is damaging to our software, IT systems, data or our Website or is damaging to any third party software, data, website or system.

From time to time we may include on our Website discussion forums, bulletin boards, blogs, chat areas and other communication facilities (collectively, 'Communities') which you may participate in by registering with us. In order to register with us you must (where applicable) provide a valid e-mail address to enable us to contact you in relation to your use of the Communities. When registering, you will be able to choose how your name will appear on the Communities or elsewhere on our Website when you post material. Special terms may apply to the use of the specific Community in question and where appropriate you may need to agree to those special terms and conditions before using the Community in question.

Much of the content of the Communities is provided by, and is the responsibility of, the third parties posting in, or creating, that Community. We have no responsibility for such content and are merely providing access to such content as a service to you. It is possible that Communities may contain offensive, deceptive, harmful or inaccurate material and we expect you to use caution and common sense when using the Communities.

You agree that you are responsible for you own use of the Communities and agree to only send and receive messages that are legal and related to that Community. You agree that, when using a Community, you will not:

  • defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others (including rights of privacy and publicity)
  • advertise or offer to sell any goods or services for a commercial purpose
  • conduct or forward surveys, contests, pyramids schemes, or chain letters
  • download any file posted by another user that you know or reasonably should know cannot be legally distributed
  • impersonate another person or entity or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels
  • post links to other third party websites or URLs
  • use offensive or inappropriate user names or language
  • promote violence
  • do (or fail to do) anything which breaches any applicable local, national or international law or regulation
  • send, knowingly receive, upload, download, use or re-use any material which does not comply with the standard set out in this section
  • transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam)
  • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
  • infringe any copyright, database right or trade mark of any other person
  • promote any illegal activity
  • give the impression that the posting emanates from us, if this is not the case, and/or
  • restrict or inhibit another user from using and enjoying our Website

We advise that you do not reveal any personal information about yourself in any postings in, or through your use of, a Community.

You acknowledge that we do not control the content in the Communities. Whilst we have no obligation to actively oversee, monitor or moderate the Communities we do allow users to report to us any material that they consider to be in breach of the rules set out above through the use of the 'Report Abuse' facility. Where in receipt of such a complaint, we will review the post or material in question and we reserve the right to disclose information necessary in order to satisfy applicable law or legal regulation, or to edit, refuse to post or remove any information or materials in whole or in part for whatever reason in our sole discretion. The use of any of our Communities by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use Communities that it is important that they communicate with their children about their safety online. Minors who are using any Communities should be made aware of the potential risks to them.

You must not misuse our Website by knowingly introducing viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

We do not represent or warrant that our Website or the Materials are free of all viruses or other harmful components. You should therefore exercise caution in your use of the Website and when downloading any Materials and use up to date, industry recognised software to detect and destroy any viruses or similar destructive devices. You agree that you access our Website and download the Materials at your own risk and that you will be solely responsible for your use and any damage to any computer system, loss of data or other harm that may result.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.

Changes

We may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on our Website.

Governing Law

These Terms are governed by English law and the English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to or use of our Website.


2. Kew's Flickr group - terms and conditions

1. By sharing your photograph with the Your Kew Flickr group, you agree to these Group Rules and agree to abide by the Flickr Community Guidelines.

2. Before sharing your photos with the Your Kew Flickr group, please read these Terms carefully. They contain standards which you must comply with, and important information about what rights the Royal Botanic Gardens, Kew will have to use your photographs.

3. By sharing your photos with the Your Kew Flickr group, in respect of each photograph you confirm that it:

  • was taken at Kew Gardens, London or Wakehurst Place, West Sussex
  • is consistent with the Flickr Community Guidelines
  • is your original work
  • does not infringe the copyright or any other rights of any third party
  • does not contain any obscene or defamatory content or material

4. By sharing your photos with the Your Kew Flickr group, in respect of each photograph you grant to Kew a non-exclusive, worldwide, royalty-free, licence to display your photo (as it is stored on Flickr) on Kew's website and/or from Kew's server (including in a live gallery) where such display is connected with Kew.

This licence shall apply for the period during which the photo is posted in the Your Kew Flickr group. If you remove your photo from the Your Kew Flickr group, this licence will automatically terminate and your photo will no longer be displayed on Kew's website. If your photo is displayed on Kew’s website and/or from Kew’s server (for example in a live gallery), your Flickr screen name and the title of the picture will appear with the photo.

5. Unless Kew has contacted you and obtained your express approval, Kew will only use your photo(s) by displaying it on Kew’s website and/or from Kew’s server (including in a live gallery) whilst your image is in the Your Kew Flickr group and where such display is connected with Kew's website.

6. Kew shall not be obliged to display your photographs and shall not have any liability to you for any loss of publicity or enhancement of reputation.

7. Kew reserves the right to cancel the Your Kew Flickr group at any time.

8. You are reminded that it is a term of entry to Kew's gardens that photography at Kew and Wakehurst Place is permitted for non-commercial purposes only.

9. By entering your photo to the Your Kew Flickr group, you are deemed to have accepted these Terms.

10. These terms and conditions are governed by the laws of England and Wales and the English courts will have exclusive jurisdiction over any claim arising from, or related to, these terms and conditions.

Your Kew Flickr Group guidelines

These guidelines outline best practice for sharing your photograph(s) with the Your Kew Flickr group. These guidelines are important if you would like your photos to be considered for inclusion on Kew's website.

The subject of photographs submitted to the Your Kew Flickr Group must have been taken at Kew Gardens, London or Wakehurst Place, West Sussex, and include as much information about the subject of your photograph as possible. For example:

  • meaningful image titles and tags that describe where the photo was taken e.g. 'Kew Gardens' 'Wakehurst Place'
  • meaningful image titles and tags that reference the name of the primary subject/species (i.e. common name and/or scientific name of a plant or name of building). You can find species name information on labels around the gardens
  • descriptive content about the photograph where possible

If you would like your photograph to be considered for inclusion on Kew's interactive map 'Explore Kew,' please apply 'geo tag' data to your image(s).