ChatBotanist Terms of Use

PLEASE READ THESE TERMS CAREFULLY

• 1.1 These Terms of Use (“terms”) set out the terms on which RHS members may use our website www.RHS.org.uk to access Chatbotanist.
• 1.2 By using ChatBotanist on our website via your My RHS account, you confirm that you accept these terms and that you agree to comply with them. If you do not agree, you must not use ChatBotanist.
• 1.3 If you access ChatBotanist by the RHS Grow app, the RHS Grow Terms of Use will apply to your use of ChatBotanist.
• 1.4 Subject to you agreeing to comply with these terms, we grant you a non-exclusive, non-transferable, non-sublicensable limited licence to use ChatBotanist as set out in these terms. 
• 1.5 ChatBotanist is operated by The Royal Horticultural Society (“The RHS”, “We”, “Our”, “Us”). We are a registered charity in England & Wales and Scotland (charity numbers 222879/SC038262). Our registered office is 80 Vincent Square, London, SW1P 2PE.
• 1.6 We cannot guarantee the availability of ChatBotanist. We may suspend, withdraw or restrict the availability of all or any part of ChatBotanist for commercial or operational reasons. Where feasible, we will try to give you reasonable notice of any suspension or withdrawal.
• 1.7 We reserve the right to change these Terms from time to time. If we do so, we will post the revised terms on our website and update the “Last Updated” date at the top of these terms.

• 2.1 ChatBotanist is for personal, non-business use for individuals based in the United Kingdom.
• 2.2 Your My RHS account is personal to you and must not be shared with any other person in order to access ChatBotanist.
• 2.3 When you use ChatBotanist you must not:
  • 2.3.1 breach any applicable laws;
  • 2.3.2 infringe the copyright, trademarks or other intellectual property rights of third parties;
  • 2.3.3 in any way be abusive, vulgar, obscene, unlawful, fraudulent, threatening, defamatory and/or or hateful to any person;
  • 2.3.4 violate the privacy or other personal rights of others; and
  • 2.3.5 use ChatBotanist in a way which may harass, offend or inconvenience any person, or applauds, encourages or entices abuse, discrimination or criminal activity or in a way which is unlawful.
• 2.4 You agree not to:
  • 2.4.1 take any action which imposes an unreasonable or disproportionately large load on ChatBotanist’s infrastructure; and
  • 2.4.2 misuse ChatBotanist by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.
• 2.5 You must notify us and seek approval before creating any links to ChatBotanist. We reserve the right to withdraw any linking permission without notice.
• 2.6 You acknowledge that:
  • 2.6.1 the content on ChatBotanist is for information only. You should use your discretion before using it and should not rely on it. While we strive to provide sensible and helpful information, ChatBotanist is not always accurate and has its limitations as set out in our FAQ's. We make no representation, warranty or guarantee, whether express or implied, that the content is accurate, complete or up to date; 
  • 2.6.2 ChatBotanist may display inaccurate or offensive information that does not represent our views or values; and
  • 2.6.3 references by ChatBotanist to any third party products or services, do not indicate a recommendation or endorsement by the RHS.  
• 2.7 If we consider you have not complied with these terms or that there may be a security risk to our website, you or other users, we may disable your account for My RHS at any time. This right is in addition to any other rights we may have.

• 3.1 We own, or have the rights to use, all intellectual property rights, including copyright, in ChatBotanist and its content. All rights are reserved, which means that no one can use ChatBotanist or its contents without our permission as set out in this clause 3.
• 3.2 You may print off and download one copy of your questions and answers with ChatBotanist for your personal use. You must not represent that the answers are human generated.
• 3.3 You must not modify in any way any materials you have printed or downloaded.
• 3.4 You must not re-sell or use any content on ChatBotanist for commercial or business purposes.
• 3.5 If you print off, copy, download, share, repost or use any part of ChatBotanist in breach of these terms, we may: (a) end your right to use ChatBotanist with immediate effect; and (b) require that you must, at our option, return, destroy or delete any copies of the materials you have made. This right is in addition to any other rights we may have.

• 4.1 The questions and feedback (“your content”) you enter into ChatBotanist must comply with these terms and all applicable laws and should not include sensitive, personal or confidential information.
• 4.2 You retain your ownership rights in your content.  You grant us a worldwide, non-exclusive, royalty-free, perpetual, transferable licence to use, store, copy, reproduce, distribute, prepare derivative works of and display your content: (a) to make it available to other users and to provide ChatBotanist; (b) to develop and improve ChatBotanist and other RHS products and services; (c) to promote the RHS and ChatBotanist; and (d) for any other technical, research, internal, charitable or commercial purpose of the RHS, but we will not sell your content to a third party. You waive all moral rights in the content including, for example, the right to attribution of authorship. We will own all derivative works and compilations created by us which incorporate your content.
• 4.3 The RHS Privacy Policy explains what personal information we collect about you, and how and why we use that information.
• 4.4 If we consider that your content does not comply with these terms, we may remove it and any other content that you make on ChatBotanist. This right is in addition to any other rights we may have.

• 5.1 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you for being in breach of these terms, that does not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
• 5.2 We will not be liable for any direct, indirect or consequential damages relating to your use of ChatBotanist (even if foreseeable) whether based on contract, tort or otherwise, to the fullest extent permitted by law. This includes but is not limited to the outcome of any gardening project or the health of any plants and as set out in clause 5.3.
• 5.3 As we only provide ChatBotanist for domestic and personal use, you agree not to use ChatBotanist for any commercial or business purposes. We have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
• 5.4 These terms are governed by the laws of England & Wales.
• 5.5 The courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland and if you are resident of Scotland, you may also bring proceedings in Scotland.