Terms 

This website is owned by Catherine Horwood of 6 Emerald House, 1c King Henry's Road, London, NW3 3QP (“us”, “we”). By using our Website, you agree to be bound by the following terms and conditions, which form a contract between you and us. If you do not agree to these terms, your only recourse is to leave.

1.Definitions

“Content”

means the text, images and videos that are encountered as part of your experience on our Website. It includes content Posted by you.

"Intellectual Property"

means intellectual property of every sort that is currently owned by us, whether or not registered or registrable, as well as all kinds coming into existence after today. It includes unregistered marks, designs, copyrights, and domain names together with all rights that are derived from those rights.

“our Website”

means the website at www.gardeningwomen.com and any other website or service owned or operated by us and which is designed to be accessed as part of the same experience.

"Post"

means place any Content on or into our Website by any means.

“Services”

means all of the services available from our Website, including use of our forum.

2.Interpretation

In this agreement unless the context otherwise requires:

  1. A reference to a person includes a human individual, a corporate entity and any organisation that is managed or controlled as a unit.

  2. In the context of permission, “may not” in connection with an action of yours means “must not”.

  3. Any agreement by either party not to do or to omit to do something includes an obligation not to allow some other person to do or to omit to do that same thing.
     

3.Basis of Contract

  1. In entering into this contract you have not relied on any representation or information from any source except the explanation of the Services given on our Website.

  2. Subject to these terms and conditions, we agree to provide to you some or all of the Services described on our Website.

  3. So far as we allow use of our Intellectual Property, we grant a licence to you, limited to the terms set out in this agreement.

  4. We may change this agreement and/or the way we provide the Services, at any time. If we do, then the change will take effect when we update these terms on our Website.
     

4.Your account

  1. When you visit our Website, you accept responsibility for any action done by any person using your account.

  2. You should take all necessary steps to ensure that your password is kept confidential and secure. You should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

  3. You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.

  4. You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may suspend or terminate your account.
     

5.How we process your Content

  1. Our privacy policy complies fully with the Data Protection Act 2018. It can be found at [link to privacy policy].

  2. If you Post Content to any public area of our Website it becomes available in the public domain. We have no control over who sees it or what anyone does with it.

  3. Even if access to your Content requires someone to be a member of the Website, the Content remains effectively in the public domain because someone has only to register and sign in to access it. You should therefore avoid Posting unnecessary confidential information.

  4. Posting Content does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.

  5. You understand that you are personally responsible for your breach of intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.

  6. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.

  7. Please notify us of any security breach or unauthorised use of your account.
     

6.Restrictions on what you may Post to our Website

We invite you to Post Content to our Website in several ways and for different purposes. We have to regulate your use of our Website to protect our business and other users of our Website, and to comply with the law. These provisions apply to all users of our Website.

We do not undertake to moderate or check all Posted Content, but we do protect our business vigorously. If we believe Content Posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever ways we can.

You agree that you will not use or allow anyone else to use our Website to Post, upload Content or undertake any activity that is or may:
 

  1. be unlawful, or tend to incite another person to commit a crime

  2. consist in commercial, copyrighted audio, video or music files

  3. be obscene, offensive, threatening, violent, malicious or defamatory

  4. be sexually explicit or pornographic

  5. be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person

  6. give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business

  7. post Content on behalf of some other person, or impersonate another person

  8. request or collect passwords or other personal information from another user without his or her permission, nor Post any unnecessary personal information about yourself

  9. be used to sell any goods or services or for any other commercial use not intended by us, for yourself or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for his or her commercial use

  10. facilitate the provision of unauthorised copies of another person's copyright work

  11. link to any of the material specified in this paragraph

  12. send age-inappropriate communications or Content to anyone under the age of 18
     

7.Restricted content

In connection with the restrictions set out below, we may refuse or edit or remove Posted Content that does not comply with these terms.

In addition to the restrictions set out above, Posted Content must not contain:

  1. hyperlinks, other than those specifically authorised by us

  2. words or repeated words that are irrelevant to the Content Posted

  3. the name, logo or trademark of any organisation unless you have permission to do so

  4. inaccurate, false, or misleading information
     

8.Removal of offensive Content

  1. We are under no obligation to monitor or record the activity of any user of our Website for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.

  2. If you are offended by any Content, the following procedure applies:

    1. your claim or complaint must be sent by email.

    2. we shall remove the offending Content as soon as we are reasonably able.

    3. after we receive notice of a claim or complaint, we shall investigate so far as we alone decide.

    4. we may re-instate the Content about which you have complained or not.

  3. In respect of any complaint made by you or any person on your behalf, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.

  4. You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
     

9.Security of our Website

  1. If you damage our Website, we will take legal action against you.

  2. You now agree that you will not, and will not allow any other person to:

    1. modify, copy, or cause damage or unintended effect to any portion of our Website, or any software used within it

    2. download any part of our Website, without our express written consent

    3. collect or use any information obtained from or about our Website or the Content except as intended by this agreement

    4. aggregate, copy or duplicate in any manner any of the Content or information available from our Website, other than as permitted by this agreement or as is reasonably necessary

    5. share with a third party any sign in credentials to our Website

  3. Despite the above terms, we now grant a licence to you to create a hyperlink to our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
     

10.Storage of data

  1. We assume no responsibility for the deletion or failure to store Content or deliver messages.

  2. You accept that we cannot be liable to you for any such deletion or failure to deliver to you.

  3. We maintain reasonable procedures for general backup of data for our own purposes but we give no warranty that your data will be saved or backed up in any particular circumstances unless we have made specific contractual arrangements with you in writing.
     

11.Termination

  1. We may terminate this agreement at any time, for any reason, with immediate effect by sending you notice to that effect by email.

  2. Termination by either party shall have the following effects:

    1. your right to use our Website immediately ceases

    2. we are under no obligation to forward any unread or unsent messages to you or any third party
       

12.Intellectual Property

You agree that at all times you will:

  1. not do anything which does or might reduce the value of our Intellectual Property or challenge our ownership of it

  2. notify us of any suspected infringement of the Intellectual Property

  3. not use the Intellectual Property except directly as intended by this agreement or in our interest.
     

13.Disclaimers and limitation of liability

  1. The law differs from one country to another. This paragraph applies so far as the applicable law allows.

  2. All implied conditions, warranties and terms are excluded from this agreement

  3. Our Website includes Content Posted by third parties. We are not responsible for any such Posting. If you come across any Content that offends against this document, please notify us.

  4. You are advised that Content may include technical inaccuracies or typographical errors. We would be grateful if you bring to our immediate attention, any that you find.

  5. Our Website contains links to other websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website or from your buying services or goods via such a website.

  6. Our Website is provided “as is”. We make no representation or warranty that Services will be:

    1. useful to you

    2. of satisfactory quality

    3. fit for a particular purpose

    4. available or accessible, without interruption, or without error

  7. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from our Website.

  8. We accept no responsibility for:

    1. privacy of any transmission

    2. the conduct, whether online or offline, of any user of our Website

    3. failure or malfunction of computer hardware or software or technical equipment or system connected directly or indirectly to your use of our Website

    4. loss or damage resulting from your attendance at an event organised through our Website

  9. Except in the case of death or personal injury, our total liability under this agreement, however it arises, shall not exceed the sum of £50.

  10. We shall not be liable to you for any loss or expense that is an indirect or consequential loss; oran economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.

  11. This paragraph (and any other paragraph which excludes or restricts our liability) applies to our employees, subcontractors, agents and affiliated companies (who may enforce this provision under the Contracts (Rights of Third Parties) Act 1999 as well as to us.
     

14.You indemnify us

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

  1. your failure to comply with the law of any country

  2. your breach of this agreement

  3. any act, neglect or default by any agent, employee, licensee or customer of yours

  4. a contractual claim arising from your use of the Website

  5. a breach of the intellectual property rights of any person

  6. for the purpose of this paragraph you agree that the cost of our management and technical time is properly recoverable and can reasonably be valued at £100 per hour without further proof.
     

15.Miscellaneous matters

  1. You undertake to provide to us your current postal address, e-mail address and telephone number as often as they are changed together with all information that we may require to enable us to fulfil our obligations under this contract.

  2. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

  3. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.

  4. If you are in breach of any term of this agreement, we may:

    1. terminate your account and refuse access to our Website;

    2. remove or edit Content, or cancel any order at our discretion;

    3. issue a claim in any court.

  5. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.

  6. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

  7. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery.

It shall be deemed to have been delivered on the day of delivery, if delivered by hand; or within 72 hours of posting if sent by first class post to the correct address.

  1. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.

  2. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that Act.

  3. The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in that country.

 

Privacy Notice

This is the privacy notice of www.gardeningwomen.com.

The website is operated by Catherine Horwood of 6 Emerald House, 1c King Henry's Road, London, NW3 3QP ("we", "our", or "us"). In relation to this privacy notice, Catherine can be contacted at ch@catherinehorwood.com.
 

Introduction

We are committed to protecting your privacy and the confidentiality of your personal information.

This privacy notice aims to inform you about how we collect and process any information that we collect from you, or that you provide to us. It covers information that could identify you (“personal information”) and information that could not. In the context of the law and this notice, “process” means collect, store, transfer, use or otherwise act on information.

Our privacy policy complies with the Data Protection Act 2018 (the “Act”), which incorporates the General Data Protection Regulation (GDPR).

The law requires us to tell you about your rights and our obligations to you in regards to the processing and control of your personal data. We do this now, by requesting that you read the information provided at http://www.knowyourprivacyrights.org

Except as set out below, we do not share, or sell, or disclose to a third party, any information collected through our website and our forum.

1. Data we process

We may collect, use, store and transfer different kinds of personal data about you. We have collated these into groups as follows:

Your identity includes information such as first name, last name, title, date of birth, and other identifiers that you may have provided at some time.

Your contact information includes information such as your address, your email address, your telephone numbers and any other information you have given to us so that we may communicate with you.

Technical data includes your Internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.

Your forum profile includes information such as your username and password; the messages you post on our forum; your communication preferences; and responses and actions in relation to your use of our services.

We may aggregate anonymous data such as statistical or demographic data for any purpose. Anonymous data is data that does not identify you as an individual. Aggregated data may be derived from your personal data but is not considered personal information in law because it does not reveal your identity.

However, if we combine or connect aggregated data with your personal information so that it can identify you in any way, we treat the combined data as personal information and it will be used in accordance with this privacy notice.

2. Special personal information

Special personal information is data about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data.

We do not ask you to provide any special personal information.

However, when you interact with other members of our website, you may disclose special personal information or information from which special personal information can be inferred.

We have no processes in place to identify when this occurs, and therefore we do not process such information in any way that is different to any other information that you post publicly.

3. If you do not provide personal information we need

Where we need to process personal data under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform that contract.

In that case, we may have to stop providing access to our website or forum. If so, we will notify you of this at the time.

The bases on which we process information about you

The law requires us to determine under which of six defined bases we process different categories of your personal information, and to notify you of the basis for each category.

If a basis on which we process your personal information is no longer relevant then we shall immediately stop processing your data.

If the basis changes then if required by law we shall notify you of the change and of any new basis under which we have determined that we can continue to process your information.

4. Information we process because we have a contractual obligation with you

When you create an account on our forum, or otherwise agree to our terms and conditions, a contract is formed between you and us.

In order to carry out our obligations under that contract we must process the information you give us. Some of this information may be personal information.

We may use for a number of purposes, including in order to verify your identity for security purposes when you return to the website, and to provide you with our services.

We process this information on the basis there is a contract between us, or that you have requested we use the information before we enter into a legal contract.

We shall continue to process this information until the contract between us ends or is terminated by either party under the terms of the contract.

5. Information we process with your consent

Through certain actions when otherwise there is no contractual relationship between us, such as when you browse our website or subscribe to our blog, you provide your consent to us to process information that may be personal information.

We continue to process your information on this basis until you withdraw your consent or it can be reasonably assumed that your consent no longer exists.

You may withdraw your consent at any time by instructing us at the e-mail address at the top of this document. However, if you do so, you may not be able to use our website or our services further.

6. Information we process for the purposes of legitimate interests

We may process information on the basis there is a legitimate interest, either to you or to us, of doing so.

Where we process your information on this basis, we do after having given careful consideration to:

  • whether the same objective could be achieved through other means

  • whether processing (or not processing) might cause you harm

  • whether you would expect us to process your data, and whether you would, in the round, consider it reasonable to do so

For example, we may process your data on this basis for the purposes of:

  • record-keeping for the proper and necessary administration of our business

  • responding to a message from you asking a question to which we believe you would expect a response

  • protecting your interests where we believe we have a duty to do so
     

7. Information we process because we have a legal obligation

Very occasionally we may need to process your information in order to comply with a legal obligation.

For example, we may be required to give information to legal authorities if they so request or if they have the proper authorisation such as a search warrant or court order.

This may include your personal information.

Specific uses of information you provide to us
 

8. Information provided on the understanding that it will be shared with a third party

Our forum allows you to post information with a view to that information being read, copied, downloaded, or used by other people.

Examples include:

  • starting a thread

  • replying to a message

  • clicking on an icon next to a post made by someone else to convey your agreement, disagreement or thanks

In posting personal information, it is up to you to satisfy yourself about the privacy level of every person who might use it. This includes where the information is special personal information, and is therefore potentially sensitive.

We do not specifically use this information except to allow it to be displayed or shared.

We do store it, and we reserve a right to use it in the future in any way we decide.

Once your information enters the public domain, we have no control over what any individual third party may do with it. We accept no responsibility for their actions at any time.

Provided your request is reasonable and there is no legal basis for us to retain it, then at our discretion we may agree to your request to delete personal information that you have posted. You can make a request by contacting us.

You should be aware when you post personal information that we are under no obligation to delete it simply because you no longer wish for it to be in the public domain.

9. Complaints regarding content on our website

Our website is a publishing medium. Anyone may register and then publish information about himself, herself or some other person.

We attempt to moderate user generated content, but we are not always able to do so as soon as that content is published.

If you complain about any of the content on our website, we investigate your complaint.

When we receive a complaint, we record all the information you have given to us.

We use that information to resolve your complaint.

If we feel it is justified or if we believe the law requires us to do so, we remove the content while we investigate.

Free speech is a fundamental right, so we have to make a judgment as to whose right will be obstructed: yours, or that of the person who posted the content that offends you.

If your complaint reasonably requires us to contact some other person, we may decide to give to that other person some of the information contained in your complaint. We do this as infrequently as possible, but it is a matter for our sole discretion as to whether we do give information, and if we do, what that information is.

If we think your complaint is vexatious or without any basis, we shall not correspond with you about it.

10. Communicating with us

When you contact us we collect the information you have given to us in order to reply appropriately.

We may keep personally identifiable information associated with your message, such as your name and email address so as to be able to track our communications with you to provide a high quality service.

Use of information we collect through automated systems when you visit our website
 

11. Cookies

Cookies are small text files that are placed on your computer's hard drive by your web browser at a web server’s request. They allow information gathered on one web page to be stored until it is needed for use on another, allowing a website to provide you with a personalised experience, and the website owner with statistics about how you use the website so that it can be improved.

Some cookies may last for a defined period of time, such as one day or until you close your browser. Others last indefinitely.

Your web browser should allow you to delete any you choose. It also should allow you to prevent or limit their use.

Our website uses cookies. They are placed by software that operates on our servers, and by software operated by third parties whose services we use, such as our website hosting provider Wix.

If you choose not to use cookies or you prevent their use through your browser settings, you will not be able to use all the functionality of our website.

We use cookies in the following ways:

  • to track how you use our website and which threads you read on our forum

  • to record whether you have seen specific messages we display on our website

  • to keep you signed in to our website

  • to record your draft messages on our forum before you post them
     

12. Personal identifiers from your browsing activity

Requests by your web browser to our servers for web pages and other content on our website are recorded. We use Google Analytics.

Google Analytics records information such as your geographical location, your Internet service provider and your IP address. It also records information about the software you are using to browse our website, such as the type of computer or device and the screen resolution.

We use this information in aggregate to assess the popularity of the webpages on our website and how we perform in providing content to you.

If combined with other information we know about you from previous visits, the data possibly could be used to identify you personally, even if you are not signed in to our website. However, we do not use the data in this way.

More information about how Google processes your information can be found at https://privacy.google.com/businesses/compliance/    

          

Disclosure and sharing of your information

13. Data may be processed outside the European Union

Our websites are hosted in the UK.

This website’s hosting provider, Wix, is based in Israel. Israel is considered by the European Commission to offer an adequate level of protection for the personal information of EU Member State residents.

Your personal information may be stored through Wix’s data storage, databases and the general Wix applications. Data is stored on secure servers behind a firewall.

Your data may be maintained, processed and stored by Wix and their authorised affiliates and service providers in the United States of America, in Europe (including in Lithuania, Germany and Ukraine), in Israel, and in other jurisdictions as necessary for the proper delivery of their services and/or as may be required by law.

Wix affiliates and service providers that store or process your data on Wix’s behalf are each contractually committed to keep it protected and secured, in accordance with industry standards and regardless of any lesser legal requirements which may apply in their legal jurisdiction.

Wix’s full privacy policy can be viewed at: https://www.wix.com/about/privacyControlControl over your own information

14. Mailing automation software

We use MailChimp to manage our newsletter subscription list and to send messages to subscribers.

We share your contact information and some of your identity information with MailChimp

MailChimp complies with requirements of the GDPR. More information can be found at https://mailchimp.com/legal/privacy/#3._Privacy_for_Contacts

15. Keeping your personal information up to date

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes.

At any time you may update personally identifiable information that we hold about you, by signing in to your account on our website.

To obtain a copy of any information that is not provided on our website you should contact us to make that request.

After receiving the request, we will tell you when we expect to provide you with the information, and whether we require any fee for providing it to you.

16. Removal of your information

If you wish us to remove personally identifiable information from our website, you should contact us to make your request.

This may limit the service we can provide to you.

Please note that the law does not require us to remove your information simply because you have requested that we do so. There may be a valid reason why retention of the information is necessary.

17. Verification of your information

When we receive any request to access, edit or delete personal identifiable information we shall first take reasonable steps to verify your identity before granting you access or otherwise taking any action. This is important to safeguard your information.

Other matters

18. How you can complain about our policy

If you are not happy with our privacy policy or if you have any complaint then you should tell us.

If a dispute is not settled then we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.

If you are in any way dissatisfied about how we process your personal information, you have a right to lodge a complaint with the Information Commissioner's Office (ICO). This can be done at https://ico.org.uk/make-a-complaint/. We would, however, appreciate the opportunity to talk to you about your concern before you approach the ICO.

19. Retention period for personal data

Except as otherwise mentioned in this privacy notice, we keep your personal information only for as long as required by us:

  • to provide you with the services you have requested

  • to comply with other law, including for the period demanded by our tax authorities

  • to support a claim or defence in court    
     

20. Compliance with the law

Our privacy policy has been compiled so as to comply with the law of every country or legal jurisdiction in which we aim to operate. If you think it fails to satisfy the law of your jurisdiction, we should like to hear from you.

However, ultimately it is your choice as to whether you wish to use our website.

21. Review of this privacy policy

We may update this privacy notice from time to time as necessary. The terms that apply to you are those posted here on our website on the day you use our website. We advise you to print a copy for your records.

If you have any question regarding our privacy policy, please contact us.

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