Terms and conditions
General terms and conditions for usage of the Kew.org websites and their content.
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(s) are 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 Websites sand 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 Websites, 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 Websites.
This Websites are 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.
We may withdraw or amend the Materials or the Websites and/or suspend or restrict access to the Materials or Websites at any time without notice. We will not be liable if, for any reason, the Materials or our Websites are unavailable at any time or for any period.
Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in our Websites and in the Materials published on it or contained within. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
Unless otherwise stated by us on our Websites or elsewhere, you may print off one copy, and may download extracts, of any page(s) from our Websites 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 Websites 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 wherever possible.
You must not use any part of the Materials on our Websites 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 firstname.lastname@example.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 Websites 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 Websites contain 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 Websites 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 Websites (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.
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 Websites regularly, and may change the content at any time. Any of the Material on our Websites may be out of date at any given time, and we are under no obligation to update such Material.
The Material displayed on our Websites 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).
We do not represent or warrant that our Websites 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.
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.
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.
Standard prize draw and competition terms and conditions
Dates, Restrictions and Method of Entry
1.These terms and conditions apply to all prize draws and competitions promoted by the Board of Trustees of the Royal Botanic Gardens, Kew (“RBG Kew”) or RBG Kew Enterprises Limited (“Enterprises”). By entering the prize draw or competition, you are agreeing to the following terms and any Specific Terms:
2. Each prize draw or competition also has its own specific terms and conditions which set out details of how to enter, opening and closing dates, what prizes you may win and any other specific details (the “Specific Terms”). In the event of a conflict with these standard terms and conditions, the Specific Terms will take precedence.
3. The promoter is identified in the Specific Terms being one of either RBG Kew or Enterprises (the “Promoter”) both of whom are based at the Royal Botanic Gardens, Kew, Richmond, Surrey TW9 3AB and can be contacted via email@example.com Please specify the details of the particular prize draw or competition if you contact us.
4. Unless otherwise specified in the Specific Terms, only one entry is permitted per person.
5. Prize draws and competitions are open to all UK residents aged 18 years or over, except employees of Kew (i.e. RBG Kew and Enterprises) and their immediate family and any third parties directly associated with the administration of the prize draw or competition.
Requirements for Valid Entry, Prizes and Judging
6. Entries must be submitted via the method set out in the Specific Terms. Incomplete, incomprehensible, damaged or otherwise deficient entries which are not submitted strictly in accordance within the standard terms and conditions or the Specific Terms will not be valid and will not be accepted.
7. Entries that are deemed to be unlawful, or which may otherwise be harmful to the goodwill and reputation of the Promoter, or the Royal Botanic Gardens, Kew generally will be rejected, and no responsibility is accepted for late, lost or misdirected entries.
8. The use of automated entry software or any other electronic means of repeated entry is strictly prohibited.
9. Winners will be contacted within 14 days of the draw or judging via the email or social media address provided in their entry. The Promoter reserves the right to request proof of identity, age and address. In the event that the winner is unable to provide proof of identity and age in a reasonably acceptable format, the Promoter may withdraw the prize and select another winner.
10. Winners will have 14 days from the date the communication is sent to respond and claim their prize, after which time a re-draw will take place and the prize will be allocated to a new winner.
11. Prize draw winners will be drawn at random from all entry forms. Competition winners will be randomly drawn from all correct entries OR, in the case of subjective competitions such as photo competitions or similar, a shortlist will be drawn up and the winners will be judged from that shortlist, as set out in the Specific Terms.
12. If relevant, any vouchers will be emailed in the form of a promotional code, to be entered into the website at check out. Vouchers cannot be redeemed against Kew Gardens admission tickets, gift tickets, Kew events, ‘Friends of Kew’ or ‘Friends of Wakehurst’ membership or gift membership.
13. Prizes are not for re-sale, are non-negotiable, non-transferable, non-exchangeable and non-refundable. No cash alternative is available in any circumstances. The Promoter reserves the right to replace prizes with an alternative prize of equal or higher value if circumstances beyond the Promoter's control makes it necessary to do so.
14. The Promoter makes no representation or warranty in relation to prizes provided and limits any liability, to the fullest extent permitted by law, in relation to any prize, its fitness for purpose or otherwise.
15. No additional costs or expenses are included in any prize unless specifically stated. In particular, the costs of transport to and from a venue, including Kew Gardens or Wakehurst are not included.
16. If a prize involves attendance at (or tickets to) an event, the Promoter accepts no liability if the event or any part of it is subsequently altered, cancelled, re-scheduled or otherwise varied for any reason. If this results in the winner (and any guests) being unable to attend the event, the Promoter shall be under no obligation to provide any cash, alternative tickets or other replacement arrangements.
17. The Promoter reserves the right to hold void, cancel, suspend, or amend the prize draw or competition, including these terms, where it becomes necessary to do so. Promoter shall provide as much notice as is reasonably practicable of any such changes, but the Promoter's decision is final and binding on the entrants and no correspondence will be entered into in this regard.
Copyright, Publicity and Your Details
18. We will publish or make available information that indicates that we have selected a winner. Where a prize draw or competition is organised in a public forum such as on social media, the acknowledgement of the winner including, if applicable, their social media profile name will also be notified in the same public forum. We also reserve our right to publish the winner’s surname, county of residence and, if applicable, the winning entry on the websites and social media channels managed by RBG Kew and / or Enterprises subject to the participants objecting to such publication to safeguard their right to privacy. We may still be required to disclose this information to the Advertising Standards Authority.
19. Subject to the winner’s right to object to release his or her information under Section 18, the winner’s surname and county can also be obtained by sending an e-mail to firstname.lastname@example.org within 30 days after the closing date of the prize draw or competition.
21. You confirm that you own the legal rights in any artistic or literary work including, but not limited to, any photograph, image, artwork or text shared with the Promoter.
22. Subject to Clause 27 below, you will retain copyright in such artistic or literary work, including, but not limited to, photographs, images, artwork, audio or text, but you hereby agree that The Promoter may use and publish any such works, photographs, images, audio or text received from you for an unlimited period of time for marketing purposes on any channel and in any medium, including websites and social media channels managed by RBG Kew and / or Enterprises.
23. Where possible, such artistic and literary works will be credited with your name, but not where this is not feasible (for example, on Twitter where characters are limited).
24. The Promoter may ask you to participate at your discretion in publicity related to the prize draw or competition which may include the publication of your name and photograph, image or text in any media.
25. Entries, in whatever format they are submitted, must not be offensive and must not contain inappropriate imagery or messages.
26. You confirm that you have obtained the permission of any people who are clearly featured in photographs, digital images, artistic, audio or literary works for their photo, likeness or description to be shared with us, submitted in the prize draw or competition and subsequently published as described.
27. Please do not forward original (i.e. hard copies) of any artistic or literary works, photographs, images or other text to the Promoter. Please note that rights in all hard copy entries and any accompanying hard copy material submitted to the Promoter will be transferred to, and become the property of, the Promoter on receipt, and will not be returned.