Last updated: 25th November 2024
TERMS AND CONDITIONS OF USE FOR OUR WEBSITE AND THE CULTIVATING WELLBEING APP
Welcome to Cultivating Wellbeing.
Cultivating Wellbeing is an app that has been created by Thrive. We want to help you to make use of nature and gardening to improve your health and wellbeing. The app provides evidence-based information and advice around the use of gardening for health and wellbeing.
Below are our terms of use for our Get Gardening Website and Cultivating Wellbeing App (defined below).
Please note that neither the content of the Website nor the Cultivating Wellbeing App is intended in any way to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your doctor or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read within our content. If you think you may have a medical emergency, speak to your doctor or contact the emergency services immediately.
IMPORTANT NOTICE:
USE OF THE WEBSITE: BY USING OUR WEBSITE, YOU CONFIRM THAT YOU ACCEPT THESE TERMS AND THAT YOU AGREE TO COMPLY WITH THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE OUR WEBSITE.
USE OF THE CULTIVATING WELLBEING APP: BY TICKING TO ACCEPT THESE TERMS AND CONDITIONS, YOU WILL BY BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT TICK TO ACCEPT THEM.
You should PRINT a copy of these Terms for future reference or email a copy to yourself.
1. IMPORTANT THINGS TO BE AWARE OF IN OUR TERMS
1.1 Definitions:
1.1.1 “Cultivating Wellbeing App” means the Cultivating Wellbeing mobile application (com.thrive.cultivatingwellbeing) and any subsequent versions made available to you by us from time to time.
1.1.2 “Content” means all information and materials provided by us to you via our Website or via the Cultivating Wellbeing App, including but not limited to: guides, videos, activities and other similar material and information that is made available to you on our Website or within the App.
1.1.3 “Free Services” means any service we provide free of charge as more particularly described at paragraph 4.1
1.1.4 “Paid-For Services” means any service we provide that incurs a charge described at paragraph 4.2.
1.1.5 “Services” means the Free Services and the Paid-For Services through the Cultivating Wellbeing App.
1.1.6 “Website” means https://www.thrive.org.uk/get-gardening
1.2 Your use of the Website and the Cultivating Wellbeing App is entirely optional.
1.3 You are responsible for any use made of the App on the devices onto which it has been downloaded. You must therefore keep access to your device secure to protect your information.
2. ABOUT THESE TERMS
2.1 These terms and conditions (“Terms”) apply to your use of our Website and are the terms on which we supply the Services to you.
2.2 The Website is a site operated by us through which we offer you access to the App and any Services. We use data to allow you to access the services. Information on our use of data related to these services can be found in the privacy policy. The Services are described in further detail at paragraph 4 below.
2.3 Please read these Terms carefully before you use the Website, download the Cultivating Wellbeing App and create an account with us. These Terms tell you who we are, how we will provide Services to you, how you and we may change or end the contract, what our liability to you is, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms or you think these terms require any changes, please contact us to discuss.
2.4 We may amend these Terms from time to time and will inform you by email of any significant changes made.
3. WHO WE ARE
We’re Thrive a national charity who promoted the use of gardening to improve health and wellbeing. A charitable company with number 01415700 and registered office at Thrive, Geoffrey Udall Centre Beech Hill, Reading, RG7 2AT
You can contact us by email at info@thrive.org.uk.
4. SERVICES
4.1 Free services:
We agree to provide you with the following Free Services under these Terms:
4.1.1 All Content provided by us to you via our Website.
4.2 Paid-For Services:
We agree to provide you with the following paid-for services in accordance with the terms:
4.2.1 All content provided by us to you via the Cultivating Wellbeing App, including your personal wellbeing plan
4.2.2 Access to your own reflections within the App where you can log your own thoughts and wellbeing information
4.2.3 View a timeline of your mood and thoughts via the Cultivating Wellbeing app
5 SUBSCRIPTION
5.1 In order to obtain a Subscription (defined at clause 6.4 below) for the Paid-For Services you must:
5.1.1 Sign up for the Paid-For Services through the Cultivating Wellbeing App;
5.1.2 confirm your agreement to these Terms; and
5.1.3 pay the Fee (defined at clause 6.4 below).
6 CHARGES FOR THE SERVICES
6.1 The Website is made available to you free of charge.
6.2 The Cultivating Wellbeing App is made available to you for download free of charge.
6.3 The Paid-For Services are made available to you through the Cultivating Wellbeing App and require payment of a fee (the ‘Fee’) in order to access and use them through the App (the ‘Subscription’).
6.4 The Fee is payable in accordance with this clause 6.
6.5 Details of the current Fee(s) and payment methods available can be found here.
6.6 Payment of the Fee is due and payable immediately once you have confirmed through the App that you would like access to the Paid-For Services.
6.7 Payment of the Fee will be in accordance with the Apple Application Store or Google Android terms and conditions and policies.
6.8 If you exercise your right to cancel in accordance with the terms of clause 6.7 above, your Fee will be refunded and you will no longer be able to access the Paid-For Services.
6.9 Your access to the Paid-For Services will begin on the date of payment of the Fee and will continue for the Subscription period you select through the App (the ‘Subscription Period’) after which your Subscription will expire and you will no longer be able to access the Paid-For Services until and unless you renew your Subscription.
6.10 All fees are stated inclusive of VAT. You agree to pay any applicable VAT on any fees.
7 OUR RIGHTS AND RESPONSIBILITIES
7.1 We own and operate the Website, the Cultivating Wellbeing App and any Services. We will use reasonable endeavours to keep the technology powering the Website, the Cultivating Wellbeing App and the Services operational, allowing for appropriate maintenance windows and acknowledging that a certain amount of unscheduled downtime is inherent in web-based services such as the Services.
7.2 We will perform the Services using reasonable skill and care. We offer no other warranty in respect of the Services, and all warranties which would otherwise be implied into these Terms by operation of law are excluded to the fullest extent permitted.
7.3 We may add or remove features from the Website, the App or any Services from time to time. We will use reasonable endeavours to inform you of changes to features of the Website, the App or any Services likely to have a significant impact on how you use it.
7.4 We do not warrant or accept any responsibility for the accuracy or completeness of the Content or related information provided on the Website, the App or through any Services.
7.5 The Website, the App and any Services are for guidance and information purposes only and all Content provided on the Website, the App or through any Services is not intended to amount to medical advice on which reliance should be placed. We do not have knowledge of your specific state of health and although the Content is intended to provide general information which may be of interest to you, we cannot guarantee that the Content is suitable for your personal health and symptoms. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your doctor or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read within the Content. If you think you may have a medical emergency, call your doctor or the emergency services immediately. We do not recommend or endorse any specific tests, doctors, products, procedures, opinions, or other information that may be mentioned within the Content. We therefore disclaim all liability and responsibility arising from any use of, or reliance on, any Content by you.
7.6 Although we make reasonable efforts to update the information on our Website, the App and any Services, we make no representations, warranties or guarantees, whether express or implied, that the Content is accurate, complete or up to date. We will update and maintain the Content on the Website and within the App as we deem necessary from time to time.
7.7 You must obtain professional or specialist advice before taking or refraining from any action on the basis of the Content on our Website, the App or through any Services provided by us.
8 YOUR RESPONSIBILITIES GENERALLY
8.1 You must be 17 years or older to use the App. A small number of activities in the app require the use of equipment where adult supervision is recommended.
8.1.1 If you are aware of any individual under 17 accessing the app, you can report it to us by emailing info@thrive.org.uk or telephoning 0118 988 5688. We will take all possible steps to identify the individual, contact them and take appropriate action accordingly.
8.2 It is your responsibility to undertake activities with due care for your and others personal safety.
8.3 You must ensure the safe use of any equipment and follow the manufacturer’s guidance at all times.
8.4 You are responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
8.5 In order to use the App, you must create an account with us. To register, we will ask you to provide us with a username and email address. You will be asked to choose a password. Once we have verified your email address, you will be notified that your account has been successfully activated.
8.6 You may not create an account with us using an assumed name or someone else’s identity.
9 CULTIVATING WELLBEING APP LICENCE
Subject to your compliance with the Terms and the Apple Application Store or Google Android terms and conditions (discussed in further detail at paragraph 20), we grant you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license, to access, download and install the most current generally available version of the App on a single, authorised mobile device that you own or control solely for your lawful, personal, and non-commercial use.
10 CULTIVATING WELLBEING APP LICENCE RESTRICTIONS
10.1 You agree that you will:
10.1.1 not rent, lease, sub-license, loan, provide, or otherwise make available, the Cultivating Wellbeing App in any form, in whole or in part to any person without prior written consent from us;
10.1.2 not copy the Cultivating Wellbeing App, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
10.1.3 not translate, merge, adapt, vary, alter or modify, the whole or any part of the Cultivating Wellbeing App nor permit the App to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in these Terms;
10.1.4 not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things; and
10.1.5 comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App.
11 ACCEPTABLE USE OF THE SERVICES
11.1 You must:
11.1.1 not use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously;
11.1.2 not infringe our intellectual property rights or those of any third party in relation to your use of the Website, the Cultivating Wellbeing App or any Services, including by the submission of any material (to the extent that such use is not licensed by these Terms);
11.1.3 not transmit any material that is illegal, fraudulent, defamatory, offensive or otherwise objectionable in relation to your use of the Services;
11.1.4 not use the Services to provide, or purport to provide, medical advice;
11.1.5 not use the Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
11.1.6 not collect or harvest any information or data from the Website, the App or our systems or attempt to decipher any transmissions to or from the servers running the Website, the App or any Services.
12 INTELLECTUAL PROPERTY RIGHTS
12.1 We own or are licensed to use the intellectual property rights in the Website, the Cultivating Wellbeing App and our Services, including our branding and the underlying technologies. You may not make any use of or exploit in any way any of our intellectual property rights.
12.2 You acknowledge that all intellectual property rights in the Website, the App and the Services anywhere in the world belong to us or our licensors, that rights in the Website, the App and the Services are licensed (not sold) to you, and that you have no rights in, or to, the Website, the Cultivating Wellbeing App, or the Services other than the right to use each of them in accordance with these Terms.
13 OUR LIABILITY TO YOU
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
13.3 We only supply the Services for domestic and private use. You agree not to use the Services for any commercial, business or re-sale purpose and we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.4 If our provision of the Services is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We will not be liable for delays caused by the event.
14 WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
14.1 We do not guarantee that the Website and Cultivating Wellbeing App will be secure and free from bugs or viruses.
14.2 You are responsible for configuring your information technology, computer programmes, device and platform in order to access the Website and the Cultivating Wellbeing App. You should use your own virus protection software.
15 YOUR RIGHTS TO END THE CONTRACT WITH US
15.1 You may end these terms by:
15.1.1 Selecting ‘delete my data’ within the Cultivating Wellbeing app. This will log you out of the app and result in all personal information about you that is stored being deleted. Or
15.1.2 By emailing info@thrive.org.uk and requesting that your account is de activated; and
15.1.3 deleting the Cultivating Wellbeing App completely from all devices.
15.2 Once you have de-activated your account your profile will no longer be visible.
16. OUR RIGHTS TO END THE CONTRACT WITH YOU
16.1 We may end these Terms for convenience and without any liability, by giving you written notice.
16.2 We may end these Terms immediately and cancel your access to the App you if you have broken these Terms in a serious way such as:
16.2.1 if you breach any of the licence restrictions or acceptable use restrictions;
16.2.2 if we are subject to any laws or regulations which require us to end your use of the App; or
16.2.3 if we have security concerns in relation to your use of the App and/or the Services.
16.3 If what you have done can be put right we will give you a reasonable opportunity to do so.
17. END OF CONTRACT
17.1 If these Terms are ended:
17.1.1 the licence to use the Cultivating Wellbeing App and all rights given to you under these Terms shall stop immediately;
17.1.2 you must immediately stop using the Cultivating Wellbeing App and the Services; and
17.1.3 you must immediately delete or remove the Cultivating Wellbeing App from all devices.
18. HELP DESK
Should you require any help using the Website, the Cultivating Wellbeing App or the Services, please email us at info@thrive.org.uk.
19. APPLE APPLICATION STORE OR GOOGLE ANDRIOD TERMS MAY APPLY
The ways in which you can use the Services may also be controlled by the Apple Application Store or Google Android terms and conditions and policies and they will apply instead of these Terms where there are differences between the two.
20. OPERATING SYSTEM REQUIREMENTS FOR THE CULTIVATING WELLBEING APP
20.1 The Cultivating Wellbeing App requires one of the following devices:
20.1.1 Apple: An Apple device running on iOS 13 and above. You will also need a minimum of 40 MB of spare storage space on your chosen device.
20.1.2 Android: An Android device with internet access running Android v5.0 or above operating system.
20.2 We may decide at our sole discretion at any time in the future to discontinue supporting any of these operating systems.
21 YOUR PRIVACY
When we process your personal data, we do so in accordance with the data protection laws which apply to us and with our privacy policy (as updated from time to time). By using the App and our Services, you agree to the processing of your personal data set out in our privacy policy and our privacy policy is incorporated into these Terms.
22 COMPLAINTS AND ALTERNATIVE DISPUTE RESOLUTION
22.1 If you have a complaint, please email us at info@thrive.org.uk.
22.2 In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform via https://webgate.ec.europa.eu/odr/main/?event=main.home.show.
23 OTHER IMPORTANT TERMS
23.1 These Terms and the documents referred to in them contain the whole of the agreement between you and us relating to the Service.
23.2 No representation or other pre-contractual statement will have any legal effect unless (and solely to the extent that) it is repeated in these Terms.
23.3 These Terms are the terms of a contract whereby we provide you with access to our Services. Nothing in these Terms will create any relationship of partnership, agency or employment between us.
23.4 No waiver of any of these Terms will be valid unless we agree it in writing.
23.5 These Terms and all non-contractual obligations arising out of or in connection with them are governed by English law and subject to the exclusive jurisdiction of the English courts.
23.6 By following links to any 3rd party website, please be aware that these terms and conditions no longer apply and you will be bound by the terms and conditions of the 3rd party.