1. In accessing (www.kitchengardenproject.org) (the “Site”) you agree to do so only for your own personal, non-commercial use and in accordance with these Terms. Your use of the Site constitutes your binding acceptance of these Terms, including any modifications made to the Terms.
2. The Site is owned and operated by the Jamie Oliver Food Foundation (“we” or “us”) of 15 Westland Place, London, N1 7LP with registered charity number 1094536 and registered company number 04584275.
3. Please read the Terms carefully as they set out your rights and obligations and the terms on which we make the Site available to you. They also provide information on how you can submit material and how this will be used. If you do not wish to be bound by the Terms, you may not access or use the Site.
4. Visitors to the Site just wishing to view the home page do not need to register. However, any use of the Site (including, but not limited to, viewing and downloading or uploading content) constitutes your acceptance of these Terms, which takes effect from the moment you first use the Site. We reserve the right to change the Terms at any time (without notice to you) by posting changes online and it is your responsibility to refer to and comply with the most up to date Terms on accessing the Site. Your continued use of the Site after changes are posted constitutes your acceptance of the Terms as modified.
5. Unless otherwise stated, you may not copy, reproduce, republish, download, post, store (including in any other website), display, distribute, transmit, broadcast, license, commercially exploit or modify in any way any of the Site’s material or content (including other Contributions or any advertising or sponsorship) or permit or assist any third party to do the same. Further, you agree that you shall not: reformat or frame any portion of the web pages that are part of the Site; copy or modify the HTML code used to generate web pages on the Site; use any device, software, or procedure that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure; modify, adapt, translate or reverse engineer any portion of the Site; disrupt or otherwise interfere with the Site or the networks or servers used by us; impersonate any person or entity or misrepresent your connection or affiliation with a person or entity; or collect or store, or attempt to collect or store, personal information about other Site users.
6. You agree to only use the Site for lawful purposes, in a manner which does not improperly infringe the rights of, or restrict or inhibit the use and enjoyment of, the Site by any third party. Such restriction or inhibition includes, but is not limited to, conduct which is libellous, in breach of anyone’s right to privacy or which may harass, cause real distress or inconvenience to any person and the transmission of obscene or offensive content or interruption of the normal flow of dialogue within the Site.
7. The Site may include links to third party web sites (“Third Party Sites”) from time to time. You acknowledge and agree that we will not be responsible for the availability of the Third Party Sites and will not be responsible or liable for any content or services from the Third Party Sites. Your accessing of the Third Party Sites is at your own discretion and risk. Providing links to these sites by us should not be interpreted as endorsement or approval by us of the organizations sponsoring these sites or their products or services. We make no representations or warranties, express or implied, with respect to the information provided on this Site or any Third Party Sites or service which may be accessed by a link from this Site, including any representations or warranties as to accuracy or completeness. You hereby acknowledge and agree, that as we have no control over Third Party Sites and resources, we are not responsible or liable for, and do not endorse, the availability, accuracy, completeness or authenticity of information available through such websites, resources or services, your use or your exchange of any information with such websites or services, or the content, statements, representations, advertising, products, services or other materials on or available from such Third Party Sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such content, information, goods, or services available on or through this Site or any Third Party Sites or resources. If you decide to access any Third Party Sites, resources or services, or to transact with such third party for their products, goods or services, you do so entirely at your own risk. By leaving this Site, you may be subject to the terms and conditions and the privacy policies of such Third Party Sites.
8. Some parts of the Site may have specific Terms. By registering for and/or using these parts of the Site you are agreeing to these Terms and the terms of the specific parts of the Site. If there is any conflict between the Terms and specific terms appearing on the Site, the specific terms shall prevail.
9. If you would like to interact with the Site via in Kitchen Garden Project activities, you will be required to register, either on this Site or on Third Party Sites. As part of this you will be asked to expressly “accept” these Terms and other specific terms appearing on the Site (including terms of Third Party Sites) and, on doing so, you will be deemed to have consented to and will be bound by these Terms and such other terms appearing on the site.
10. You acknowledge and agree that it is your sole responsibility to maintain the confidentiality of your (and where relevant your member school’s) personal or sensitive data and you are responsible for all activity that occurs in relation to that data.
11. You agree to notify us of any unauthorised use or any other breach of security as soon as you become aware of it. You further agree not to solicit or use anyone else’s personal details on the Site, attempt to gain access to the personal or sensitive details of other contributors, or make contributions on behalf of anyone other than yourself.
12. If you use any functionality this Site makes available that allows people to contact you or leave comments, you are accepting that we do not have any control over these comments and as a result they may potentially be abusive, untrue or unpleasant. Please be careful when using any messaging and do not reveal personal information such as your home or work contact details, your last name or where you live.
13. We reserve the right to deny access and/or registration to the Site to anyone, at any time in our sole and absolute discretion. If you provide any information that is inaccurate, untrue, or not current, or if we have reasonable grounds to suspect that such information is inaccurate, untrue or not current, we have the right to refuse any and all current and/or future use of the Site (or any portion thereof).
14. Where there are any other restrictions or eligibility requirements, these will be set out on the Site. We reserve the right for ask for written proof of identity and/or eligibility from you or your member school. If we discover or suspect that you do not comply with our requirements, we reserve the right to stop you using the Site immediately.
15. We reserve the right to modify, suspend or discontinue the Site or any part of it (including the availability of any features of the Site) at any time and without notice or liability to you. We are entitled to suspend, restrict, or terminate your use, or access to any part of the Site without notice at any time if you breach these Terms or other specific terms appearing on the Site, for technical reasons or for any or no reason whatsoever. You agree that we shall not be liable to you or any third party for any termination of your access to the Site. If we terminate your membership or your access to the Site, you will not attempt to access it without first obtaining our permission.
1. You may purchase Membership to the Kitchen Garden Project for your school, or your child’s school by paying a one-off £50 plus VAT Joining fee and an annual fee of £25 plus VAT each year, once payment has cleared your school will be sent an email confirmation of their membership details and the school including all the teachers and staff in that school will then be a member of Kitchen Garden Project (“Member”) and entitled to the benefits attached (“Membership”).
2. Membership entitles Members to the following benefits:
• 200 Jamie Oliver recipes tailored to primary school children;
• Gardening resources to help integrate the school garden and wider learning objectives;
• Lesson plans, teaching tips, downloadable posters, fact sheets which have been designed to meet the requirements of the new compulsory cooking curriculum, although we make no warranties as to whether they meet these curriculum requirements, including where there are any changes to the curriculum; and
• Access to an online profile and community membership, where other schools and Members may post and share their cooking and gardening experiences in the Kitchen Garden Project forum, along with sharing photos and pictures
together the (“Content”). The Membership will renew automatically on the one year anniversary of each payment date.
3. Membership is only open to government recognised schools in the United Kingdom. We reserve the right to refuse Membership to any school or to terminate Membership of any Member at our sole discretion, without any liability to the Member or school in any way. The rights granted to you under these Terms shall terminate immediately upon your breach of any of these Terms.
4. We accept the following methods of payment for purchasing Membership: credit and debit card; cheque made out to ‘Jamie Oliver Food Foundation’ and should be addressed to 19/21 Nile Street, London, N1 7LL please include the name of the school on the back of cheque along with the name of the person paying and their position e.g. teacher or parent of child at the school, and clearly marked the envelope with ‘Kitchen Garden Project Membership'; or BACs payment, please include the school name as a reference for BACs payments. Once the payment has cleared, you (in the case of a school purchasing Membership) or the school (where a parent purchases Membership as a gift to a school) will be sent the Membership login, and will become a Member from that point, and be entitled to the benefits associated with Membership. Please allow time for payments to clear where payment is being made by cheque or BACs as this can take up to [two] weeks to be processed and cleared.
5. When you purchase the Membership, you agree to us storing your payment information. Membership will automatically renew each year, unless otherwise cancelled, and if you originally paid by credit or debit card, payment will automatically be deducted from your account each year. We will always give you notice before deducting Membership fees by sending you an email reminder, to the email address you provide us with when registering, notifying you around one month before the payment due date, which will give you time to amend your payment method if necessary or cancel the Membership as required. Where payment of the Membership was made by cheque or BACs, Members will be sent a reminder around one month before payment for that year is due. For the avoidance of doubt the subsequent years Membership fees will be £25 plus the applicable VAT for that year.
6. You also agree to pay the applicable fees for the Membership (including, without limitation, annual fees for Membership) as they become due, and to reimburse us for any and all collection costs and interest for any overdue amounts. Failure to pay may result in the termination of your Membership. If the payment method you used to join was credit or debit card, and you do not cancel your Membership, you authorize us to continue billing that payment method and you remain responsible for any uncollected amounts. Your obligation to pay fees continues through the end of the Membership period during which you cancel your Membership. You may cancel or suspend your Membership by contacting us at firstname.lastname@example.org. All credit and debit card holders are subject to validation, fraud and authorisation checks by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not accept your purchase of Membership, we will not be obliged to inform you of the reason for the refusal and we will not be liable for any delay or non-delivery of any of Content. We are not responsible for your card issuer charging you as a result of our processing of your credit and debit card payment in accordance with the purchase of your Membership. You authorise us to debit your nominated payment card to recover all charges and amounts due and owing to us. You also acknowledge that Membership is subject to these Terms and any additional terms related to the provision of the Membership. Additionally, if you require a printed invoice for your transaction with us, you may request one by contacting email@example.com.
7. Your statutory rights provide that you are entitled to a 14 day cooling off period after paying for Membership, so if you change your mind within 14 days of paying, you can get your money back. However, this does not apply if you have begun download of any Content or anything from the site. As soon as you click “download” you will no longer be able entitled to a refund. If you are in any doubt please do not download anything from the Site and please instead contact us as soon as possible. Without prejudice to your statutory legal rights, which remain unaffected, we do not guarantee refunds for lack of usage or dissatisfaction.
8. The profile you create on the Kitchen Garden Project website will become part of the Kitchen Garden Project and the Site, and except for the content and information that you license to us, the profile is owned by us. However, between you and other people and Members, your account belongs to you. You agree to: (1) keep your password secure and confidential; (2) not permit others to use your account; (3) not use other’s accounts; (4) not sell, trade, or transfer your Kitchen Garden Project account or Membership to another party; and (5) not charge anyone for access to any portion of the Kitchen Garden Project, or any information therein. For the avoidance of doubt Members can share login details and passwords within their school staff, but not with anyone outside of the school. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. To close your Kitchen Garden Project account or end your Membership, please contact us at firstname.lastname@example.org.
9. Once you are a Member you may download the Content and information from the Site for Member’s educational and non-commercial use only. You may also upload images, photos and other content to the forum area of the Site. Where photos, images and any other information is uploaded you warrant that you have obtained all the necessary permissions and consents, including, where photographs are taken of children, the consent of the child’s parent and/or guardian for the photo to be uploaded. Members shall be solely responsible for procuring the necessary consent for any information, images, photographs or anything else they post on the Site and we accept no liability for anything uploaded to the Site. Please do not post any personally identifiable information about children to the forum or Site, including but not limited to, children’s names.
10. We will endeavour to upload Member’s material to the Site in a timely fashion, however we make no warranties as to whether it will be done within a particular timeframe and will not be liable for any losses arising as a result of delays in uploading material. We reserve the right to edit or delete any of the content uploaded onto the Site if we feel it is inappropriate or unsuitable for other Members. While we endeavour to ensure that the information on the Site is correct, we do not make any warranties as to the accuracy, suitability and completeness of the material on the Site.
12. You may not misuse the Site (including, without limitation, by hacking). You are prohibited from posting or transmitting to or from the Site any material: (1) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or (2) for which you have not obtained all necessary licences and/or approvals; or (3) 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 (4) 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).
13. You must not use the Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use the Site to transmit or send unsolicited commercial communications. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Site without our express written consent. You must not use the Site to link to any Site or web page consisting of or containing material that would, were it posted on this Site, breach the provisions of any clause of this legal notice.
1. “Contribution” includes all content provided to the Site or uploaded to the Site by users (including but not limited to forum or blog entries, videos, clips, pictures, recipes, reviews, comments, data posting, entries, campaign-related material, and all other user generated material).
2. You are entirely responsible for all Contributions that you provide, upload or otherwise transmit via the Site. You agree and guarantee that any Contribution you provide or upload is original to you and does not infringe the copyright or any other rights of any other person. You must obtain any consent necessary for you to provide the Contribution to us, in particular the consent of any persons (or in the case of any person under 18 such minor’s parent or guardian’s consent) that may appear in or contribute to your Contribution. You confirm that if you have posted a recipe, it is your own recipe and will not cause any harm to anyone. You agree and confirm that all facts expressed by you in any Contribution are true to the best of your knowledge and belief and, if your Contribution contains opinions, these are your own and genuinely and truly held by you; and that nothing in your Contribution will include advertisements, promotions, commercial solicitations, contests or surveys (unless you have our written consent to do so) or contain, transmit or disseminate spam, chain letters, viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another’s computer, the Site, or any software, hardware or other related equipment; that nothing in the Contribution constitutes illegal activity or conduct that could give rise to civil liability or encourages others to take part in criminal conduct or conduct that could give rise to civil liability or will infringe the copyright or any other right of any person, breach any contract or duty of confidence, be defamatory, obscene or sexually oriented, abusive, hateful, vulgar, offensive, indecent, harassing, threatening, false, fraudulent, misleading, deceptive, harmful, breach anyone’s right of privacy or may constitute a contempt of court or break any applicable laws or be calculated to bring us or any other person into disrepute; and that all Contributions will comply with any additional Terms or requirements on the Site and you will at all times comply with the Terms and other specific terms appearing on the Site.
3. We do not, unless we agree with you otherwise, claim any rights of ownership in your Contribution. As such, you retain all ownership rights and, although we will be able to use the Contribution as set out in these Terms and other specific terms appearing on the Site, you will also have the right to use your Contribution in any way you choose. Where a Contribution is to be acquired this will be made clear on the Site and you will then be able to choose whether to provide a particular Contribution on that basis.
4. Please note that we do not accept unsolicited materials or ideas for use in our programmes, any website including the Site, publications, other media or businesses. We are not responsible for the similarity of any of our content or programming to any media or materials or ideas transmitted to the Site. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and that you are waiving any claim against us or any of our subsidiaries or affiliates regarding the use of such materials and ideas, even if a material or an idea is substantially similar to the idea you submitted.
5. Where we do not own the Contribution, you agree that we (including third parties authorized by us) may make any and all Contributions available on the Site and any other media, whether now known or invented in the future, which may include other internet sites, mobile, television and/or radio and/or publishing and that Contributions may be made available with advertising and/or sponsorship. If you submit, post or upload any Contribution to the Site or if you submit any business information, idea, concept or invention to us or the Site, you automatically grant or warrant that the owner of such Contribution or intellectual property has expressly granted us a royalty-free, fully paid-up, perpetual, irrevocable, world-wide, nonexclusive license to use, copy, process, adapt, transmit, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, display and sublicense the Contribution in any media or medium, or any form, format, or forum now known or hereafter developed (the “License”). You agree that this License includes the right for us to make such Contribution available to other companies, organizations or individuals who partner with us for the syndication, broadcast, distribution or publication of such Contribution on other media and services, subject to these Terms. If you wish to keep any content, information, metadata, ideas, concepts or inventions private or proprietary, do not post or submit them to the Site. You agree that in the event we receive any royalties, compensation or other payments associated with exercising the rights granted to us under the License, you shall not claim any right to any portion of such royalties, compensation or other payments. You further agree that we may, in our sole discretion, use any Contribution for which we have a License in a manner that may link to, refer to or reference your user name, such as use of your Contribution on an affiliated or partner website as a featured video in a manner that links to or references your user name.
6. Whether or not we own the Contribution, you grant us (and third parties authorized by us) the right to issue publicity concerning the Contribution and any material or service in which it may be included, and for such purpose to use and reproduce your name and likeness if we wish (where these have been provided to us by way of the Contribution) and your Contribution.
7. We do not guarantee to use or otherwise make available any Contribution. Any Contribution may be rejected by us and may be edited, moderated or deleted in our absolute discretion. We reserve the right not to accept any Contribution that is not in English and cannot be moderated. All decisions are final and we will not enter into any discussions or correspondence about why a Contribution has been rejected, edited or moderated.
8. You further acknowledge and agree that we have the right at any time to change, modify or delete any Contribution you submit, post or upload to the Site in our sole discretion, including but not limited to the right to change, modify or delete videos, video contents, titles, descriptions, categories or tags for any or no reason. You also acknowledge and agree that we shall have the right to apply categories, tags, labels, profiles, attributes or other features or characteristics to any Contributions that you submit, post or upload to the Site. We may, in appropriate circumstances, and in our sole discretion, remove or disable access to a Contribution that appears to be legally or otherwise problematic (e.g. it infringes the copyright or other intellectual property or privacy rights of others, is defamatory etc. or for any other reason). In relation to all Contributions (including reviews and comments) posted on the Site, you consent to us editing or deleting such Contributions to ensure compliance with these Terms and other specific terms appearing on the Site.
9. We may retain all Contributions even if they are not published. You agree, however, that we have no obligation to keep originals or copies of any Contribution or to return any Contributions to you or remove your Contributions from the Site at any time.
10. If we have to stop your use of the Site for any reason, your Contributions (if any) may remain on the Site in our sole and absolute discretion. You may contact us at email@example.com to request that certain details of your Contributions be removed, although we are not required or obligated in any way, to comply with any such request.
Other Content and Complaints
1. Although we ask all members to submit Contributions that comply with the Terms, you acknowledge that Contributions supplied by other Contributors may include material you consider offensive or objectionable and that we are not obligated to control the Contributions. We assume no responsibility or liability for such Contributions and, as the Contributions are created by other Contributors, they do not represent our views. You are solely responsible for your interaction with other Contributors.
2. If you become aware of any misuse of the Site or wish to complain about any Contribution or material on the Site or believe any of your rights have been violated (e.g. your copyright infringed, you have been defamed etc.), you may email us at firstname.lastname@example.org with the following information:
• Nature of your complaint and location within the Site of the particular content or Contributor.
• Your name, address, telephone number and email address and such other information as we may reasonably request.
• For copyright disputes, an (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Availability of the Site and Liability
1. DISCLAIMER OF WARRANTIES. The Site, Contributions and information, links, images, logos and content relating to the Site, Jamie Oliver Food Foundation and/or any of our associated companies, products, services and campaigns (or to Third Party Sites, third party products and services), are provided ‘AS IS’ and on an ‘AS AVAILABLE’ basis without any representation, endorsement or warranty of any kind, including but not limited to implied warranties of merchantability, title, satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, or that the Site will be without error or invulnerable to viruses, worms, or other harmful software or hardware.
WITH RESPECT TO THE SITE AND INFORMATION AND MATERIAL IN THE SITE, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, OR THAT THE SITE WILL BE WITHOUT ERROR OR INVULNERABLE TO VIRUSES, WORMS, OR OTHER HARMFUL SOFTWARE OR HARDWARE. YOU HEREBY ACKNOWLEDGE THAT THE SITE MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, WITHOUT LIMITATION, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE OF THE SITE, TELECOMMUNICATIONS INFRASTRUCTURE, OR DISRUPTION, AND THEREFORE WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY REGARDING SITE USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE CAUSED BY SUCH FACTORS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
2. We will endeavour to provide the Site using all reasonable care and will use reasonable efforts to make the Site available to you at all times. However, you acknowledge that the Site is provided over the internet and so the quality and availability of the Site may be affected by factors that are outside our reasonable control such as technical faults in your ISP’s and/or telecommunication providers’ network/service. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, providers, computer equipment or software, or failure of any email to be received on account of technical problems or traffic congestion on the internet, telephone lines or at any website (or any combination of these things).
3. We make no warranty or guarantees that the Site will be available, uninterrupted, timely, secure, or error free, or that defects will be corrected, that the Site and its contents or the server that makes it available are free of viruses or other harmful components, or that the Site and information will meet your requirements. Except as required by law, we will not be responsible for any loss or damage caused by: (a) interruption or delay to the Site or errors, viruses or bugs contained in the Site caused by events outside our reasonable control; (b) your negligence or wilful misconduct, your breach of the Terms or other specific terms appearing on the Site or failure to follow our reasonable instructions; (c) any incompatibility of the Site with any other software or material on your equipment; (d) any unauthorized use of the Site; (e) your use of third party links, products or services offered on this Site or the content of any such third party links; or (f) any other factor that is outside our reasonable control.
4. Content, information and other material on the Site may contain inaccuracies and typographical errors. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, statements, representations, and Contributions provided through the Site. We do not make any representations or warranties, express or implied, with respect to the accuracy or completeness of the Site or the reliability of any information displayed or distributed through the Site (including provided through any software). You acknowledge that reliance on any such information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any part of the Site and to make changes to the Site and to the materials, products, programs, services, or content described in the Site at any time without notice. You further understand and acknowledge that you may be exposed to Contributions or other content that is inaccurate, offensive, indecent, or objectionable, and you hereby waive any and all legal or equitable rights or remedies you have or may have against us with respect to such content.
5. We cannot accept any responsibility for any damage, loss, injury or disappointment suffered through use of the Site. In no event will we or any of our third party affiliates personally be liable for any damages whatsoever, whether in action of contract, tort (including negligence), strict liability or any other legal theory, including (but not limited to) damages for use of the Site, for loss of use of the Site, damages caused by any conduct or content of any third party on the Site, damages caused by any actions or inactions resulting from use of the Site, unauthorized access, use or alteration of your transmissions or Contributions, damage to equipment or other software, or loss of data or profits or for other monetary loss or for any indirect, consequential, incidental, special, exemplary, or punitive damages, arising out of or in connection with the use (or inability to use) or performance of the Site, even if we have been advised of the possibility of such damages. Due to the fact some jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In addition, in no event shall we or any licensors or third party affiliates be liable for any unauthorized use of the Site. If you are dissatisfied with any portion of the Site, or with any of these Terms, your sole and exclusive remedy is to discontinue using the Site and the services.
6. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Terms or use of the Site must be filed within two (2) years after such claim or cause of action arose or be forever barred.
Intellectual Property Rights Including Copyright
1. The names, images and logos identifying Jamie Oliver Food Foundation, Jamie Oliver Enterprises Limited, all affiliated companies or third parties and any products, services and campaigns are proprietary marks of these parties. Nothing in these Terms or other specific terms appearing on the Site shall be construed as conferring to you any license or right under any intellectual property right of all the above parties unless expressly stated or otherwise.
3. Any products and services on the Site are subject to availability and are available at our sole discretion.
1. The Terms shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising from the Site or Terms will be decided only by the English courts.
2. If any of the Terms are held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms which will continue to be valid and enforceable to the fullest extent permitted by law
3. You agree to indemnify, defend and hold us and our affiliates and subsidiaries and all of their respective directors, officers, members, managers, employees, agents, successors and relevant third parties including advertisers, distribution partners, referral partners, service providers, licensors, licensees, consultants and contractors (collectively the “Indemnified Parties”) harmless from and against any claims, demands, liabilities, losses, costs, damages or expenses including reasonable attorneys’ fees and costs, directly or indirectly, arising out of or in any way relating to: (i) your negligence or misconduct; (ii) your information or any other materials contributed to or submitted through the Site, including without limitation information associated with your account; (iii) your conduct, including your use of the Site; (iv) your connection to the Site; (v) any violation or breach of these Terms or other specific terms appearing on this Site; or (vi) your violation of any laws or the rights of any third party, including but not limited to infringement or violation of intellectual property, privacy, publicity, confidentiality, proprietary or other rights of any person or entity (collectively, the “Claims”). You are solely responsible for defending any such Claims, and for payment of losses, costs, damages or expenses resulting from the foregoing to both a third party and to the Indemnified Parties. The Indemnified Parties shall have the right, in their sole discretion, to select their own legal counsel to defend the Indemnified Parties from any Claims (but by doing so shall not excuse your indemnity obligations) and you shall be solely responsible for the payment of all of the Indemnified Parties’ reasonable attorneys’ fees incurred in connection therewith. You shall notify us immediately if you become aware of any actual or potential claims, suits, actions, allegations or charges that could affect your or our ability to fully perform their respective duties or to exercise its rights under these Terms. You shall not, without the prior written approval of us, settle, dispose or enter into any proposed settlement or resolution of any Claim (whether having been finally adjudicated or otherwise) brought against you, if such settlement or resolution results in any obligation or liability for any of the Indemnified Parties.
4. We can transfer our rights and obligations under the Terms to any company, firm or person provided this does not affect your rights under the Terms. You may not transfer or assign your rights or obligations under the Terms to anyone else.
6. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
7. If any provision of these Terms is held to be illegal, invalid or unenforceable under any present or future laws, such provision shall be fully severable, and the remaining provisions shall constitute our agreement with you.
by writing to us at:
19-21 Nile Street, London N1 7LL
Last updated 7 July 2014
© 2014 The Jamie Oliver Food Foundation.
1. In order to provide you with the full range of services on the Site, we will sometimes collect information about you. We will use any personal information collected from the Site in accordance with all laws and regulations of England and Wales relating to the protection of personal data including the Data Protection Act 1998 (as may be amended from time to time) (the “Data Protection Act”). Further details on the Data Protection Act can be found on the Information Commissioner’s website (www.informationcommissioner.gov.uk).
2. We collect two types of information: personally identifiable information and non-personally identifiable information. Personally identifiable information is information that identifies you or can be used to identify or contact you (“Personally Identifiable Information”). We also may collect information that by itself typically cannot be used to identify or contact you, such as demographic information (e.g., age or gender), IP addresses, browser types, domain names, and other anonymous statistical data involving the use of our Site (“Non-Personally Identifiable Information”).
Personally Identifiable Information we collect may include your name, email addresses, postal addresses, postcode/ZIP code, telephone number, credit card information, date of birth, user name, and password, and other information either desirable or necessary to provide quality services to our contributors and visitors. We may also collect information about you such as your use of the Site and communication preferences.
To the extent we are able to do so, we may link your Non-Personally Identifiable Information with your Personally Identifiable Information. We may also link information collected online with information we collect offline or that is collected online by third parties.
3. We do not store credit card or account details nor do we share contributor details with any third parties, unless we state otherwise.
4. Personally Identifiable Information you are asked to supply during your use of the Site including that which you supply voluntarily and any other information relating to your Contributions (“Your Data”), will be used by us, our affiliates, service providers and other organizations and by subcontractors, employees, agents and advisors (including legal advisors) as follows: (i) in making decisions about whether any Contributions you seek to upload onto the Site should be accepted, rejected or used; (ii) in processing any details you allow us to publish, e.g. your e-mail address in connection with an activity; (iii) for sending you our newsletter and other information (as further set out in clause 10 below) where you have specifically agreed to this; and/or (iv) as set out on the Site or the Terms or other specific terms appearing on the Site. In addition, we may at our discretion disclose this information to the police, regulatory bodies or any legal advisers in connection with any alleged criminal offence or suspected breach of the Terms by you or otherwise where required by law.
5. You may be requested to take part in promotional activity and we reserve the right to use Your Data, photographs and audio and/or visual recordings in any publicity.
7. We may collect information in several ways by your use of this Site, as well as from forms you submit to us, or personal correspondence, such as emails or letters that you send to us. In addition to Your Data, the information collected on the Site includes:
a. Users’ Internet Protocol (IP) addresses, which are automatically logged by our web server. IP addresses are numbers that can uniquely identify a specific computer or other network device on the internet and are used by us to observe users’ interest in this Site (number of visits, etc). We may also collect through your use of the Site the URL of your request and other information that is provided in the HTTP header.
10. We may use Your Data to send you targeted messages, publications, newsletters and information from the Jamie Oliver group of companies and not for profit organisations, about events, special offers, promotions and benefits. We may use third party service providers to send and distribute email and to perform other support functions. We may use information we collect from you to improve the content of this Site, to enhance users’ experiences when visiting this Site, and to customize the content and layout of this Site for each individual user. There are opportunities on the Site to receive communications alerting you to news and offers from us as fully explained before you subscribe. You may unsubscribe from these communications at any time by following the unsubscribe instructions for the particular mode of communication. Alternatively, if at any time you wish to stop receiving emails or mailings from us, please send us an email to email@example.com with the phrase “Privacy Opt-Out: Kitchen Garden Project Mailings” in the subject line, or write to us at the address provide below, and we will remove you from our mailing list.
11. In jurisdictions where we are permitted to do so, we may share your personal information with our affiliates and any partners from time to time who may work with, sponsor or donate to the Jamie Oliver Food Foundation or our or individual activities. Additionally, we may provide your personal information to service providers or contractors to perform functions on its behalf, such as, but not limited to, companies or individuals hired to: communicate news, deliver our promotional materials via e-mail and direct mail, promote our social media presence and activities, to develop, enhance, market or provide any of our services and to assist us with sending communications and performing other support functions. Also, we may use third party social media platforms, including third party social media websites, to communicate with you. We also may share with third parties aggregated demographic and statistical information that is not personally identifiable. We also may disclose an individual’s personal information: to a third party or parties, where disclosure is required or permitted by law; if, in our reasonable judgment, it is necessary to enforce compliance with our internal policies or the Terms or to protect our Site, contributors, or others; and to any other entity that acquires all or a portion of our organization by merger, reorganization, operation of law, or a sale of some or all of our assets. We may be required to use or disclose your information in connection with a legal action or other proceeding, including without limitation, in response to a court order or a subpoena. We also may disclose such information in response to a law enforcement agency’s request.
13. We will hold Your Data and for as long as is necessary and reasonably required for the relevant service or purpose. We are committed to protecting the security of any personal information you provide to us. We maintain commercially reasonable safeguards to maintain the security and privacy of personal information that you provide to us. After you have submitted your information online to us, we recommend that you end your browser session before leaving your computer. In spite of these protections, we cannot guarantee the security of any data submitted over the Internet. After your information reaches us, however, it is stored on servers (or in the case of information received from you in person, in writing or over the phone, in physical storage areas) protected by procedures and technology designed to block reasonably foreseeable intrusions by unauthorized third parties.
By Writing to Us at:
19-21 Nile Street, London N1 7LL
Last updated 7 July 2014
© 2014 Jamie Oliver Food Foundation
What are Cookies?
Cookies are text files containing small amounts of information which are downloaded to your device when you visit our website. Cookies do lots of different jobs, like letting you navigate between pages efficiently, remembering your preferences, and generally improving the user experience. They can also help to ensure that adverts you see online are more relevant to you and your interests.
How can I prevent Cookies being used?
When you first visit the website located at the Site, unless you change your Cookies Settings, we will continue to set all Cookies on your device. You can find out how to do this for your particular browser by clicking “help” on your browser’s menu or by visiting www.allaboutcookies.org. You can also find information in our cookies table to the right regarding disabling specific cookies.
However, please be aware that should you choose to disable cookies it may prevent you from taking full advantage of the Site and some of the website may fail to work.
When someone visits our Site we collect standard internet log information. We do this to find out things such as the number of visitors to the various parts of the Site. We collect this information in a way which does not identify anyone.
Our table provides an overview of all the cookies used by our website, the purpose of the cookie, and how you can find out further information about each cookie.
Description of categories of cookies
Strictly Necessary Cookies: Allows you to move around the Site and use essential features like ticket purchasing, donations and activity registration. These cookies don’t gather any information about you that could be used for marketing or remembering where you’ve been on the internet. We don’t require your consent to set these cookies.
Performance Cookies: Collect information about how visitors use a website, for instance most visited pages. They do not collect information which identifies visitors personally. They help improve how our website works.
Functionality/Social Media Cookies: Allow the website to remember user choices – e.g. region or language, and also provide enhanced personal features (e.g. providing a service like commenting on an activity.) They do not collect information which identifies visitors personally. They help improve your user experience and the way our website works.
Information Commissioner’s Office www.ico.gov.uk
All About Cookies www.aboutcookies.org