Terms and conditions

AGRICULTURE AND HORTICULTURE DEVELOPMENT BOARD (AHDB) WEBSITE TERMS AND CONDITIONS OF USE.

Please read these terms and conditions carefully before using this site as they are a legally binding agreement between you and AHDB.

WHAT IS IN THESE TERMS AND CONDITIONS?

These terms and conditions tell you the rules for using our website: www.ahdb.org.uk (referred to as the ‘Site’) and how you may use any content made available on the Site.  

Throughout this document we refer to the terms and conditions as the ‘Terms’.

A reference to ‘you’ or ‘your’ is a reference to the user of this Site. 

1. WHO WE ARE AND HOW TO CONTACT US

1.1   We are the Agriculture and Horticulture Development Board (AHDB), we are a non-departmental public body and our address is Middlemarch Business Park, Siskin Parkway East, Coventry, CV3 4PE. We are the providers of the Site.

1.2   To contact us, please email digital@ahdb.org.uk, telephone 024 7669 2051, or by post to our address above.

2. BY USING OUR SITE YOU ACCEPT THESE TERMS

2.1.     These Terms set out all of the rules and obligations that apply to your use of the Site. There are different terms and conditions that apply if you are a consumer or if you are accessing the Site on behalf of a business or for business purposes. In these Terms, “consumer” means a person who accesses the Site for personal use only and not in connection with a business, trade or profession.

2.2.     By using our Site, 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 stop using our Site immediately.  These Terms are a legally binding agreement between you and AHDB.

2.3.     Please be aware that your access to use of certain content made available on this Site may be subject to separate terms and conditions, as explained below.

2.4.   These Terms may also make reference to other terms that apply when using our Site, such as our Privacy Notice and Cookie Policy. 

2.5.     We may prevent or suspend your access to our Site or any content made available on our Site if you do not comply with these Terms or any applicable laws.

3. WE MAY MAKE CHANGES TO OUR TERMS

3.1   We amend these Terms from time to time by updating them on the Site.  Please check these Terms to ensure that you understand the terms that apply each time you wish to use our Site.

4. WE MAY MAKE CHANGES TO OUR SITE

4.1   We may from time to time change the content of this Site or suspend or discontinue any aspect of this Site, which may include your access to it.

5. YOUR OBLIGATIONS AND ACCEPTABLE USE

5.1   You accept that you are solely responsible for ensuring that your computer meets all relevant technical specification necessary to use this Site and that your computer is compatible with this Site.

5.2   You must not misuse our system or this Site. In particular, you must not hack into, circumvent security or otherwise disrupt the operation of our system and this Site, or attempt to carry out any of the foregoing. This includes introducing (but is not limited to) viruses, trojans, worms, logic bombs or other material which is or could be malicious or technologically harmful. You must not misuse any forms on the Site and any forms you submit must be a genuine enquiry.

5.3   You must not use or attempt to use any automated programme (including, without limitation, any spider or other web crawler) to access our system or this Site. You must not use any scraping technology on the Site. Any such use or attempted use of an automated programme shall be a misuse of our system and this Site. Obtaining access to any part of our system or this Site by means of any such automated programmes is strictly unauthorised.

5.4   You must not upload or use inappropriate or offensive language or content or solicit any commercial services in any communication, form, or email you send or submit, from or to the Site.

5.5   Whenever you make use of any feature that allows you to upload any content to our Site, or to make contact with any other users via our Site (if applicable), you must comply with the content standards set out in these Terms. 

6. INTELLECTUAL PROPERTY

1.1.     This website and its content is the copyright of AHDB © Agriculture and Horticulture Development Board 2021.  All rights reserved.

1.2.     The copyright and all other intellectual property rights in this Site (including all database rights, trade marks, service marks, trading names, text, graphics, code, files, links and other data or materials published on it) belongs to us or our licensor(s).  All rights are reserved.

1.3.     Subject to clause 5, and subject to the following provisions, you may download material from this Site. However, you must not, modify, republish, store (in whole or in part), pass-off, or link to any other material or information on or downloaded from this Site without our prior written consent. 

1.4.     Subject to clauses 6.5 and 6.6 (inclusive) and unless the content is covered by separate terms and conditions made available to you at the point of downloading or accessing that content, we grant you a licence to:

1.4.1.        copy, transmit or reproduce part or all of any content made available on this Site; and

1.4.2.        you may print or download to a local disc extracts of any content made available on this Site,

providing that :1) if you are a business, such use is for your own internal business purposes only; or 2) if you are a consumer, such use if for your personal use and information only. Where the content is subject to separate terms and conditions at the time of access or download, those terms and conditions (including any licence conditions and restrictions on use) shall prevail over these Terms.

1.5.     You agree:

1.5.1.        not to make any change, amendment, modification, addition, or deletion to any content, meaning or message of the content available from our Site; and

1.5.2.        to clearly acknowledge AHDB as the source and owner of any material or content made available on this Site.  

1.6.     You may not, except with our prior written permission:

1.6.1.        commercially exploit any content owned or licensed by AHDB; or

1.6.2.        transmit or store in any other website or other form of electronic retrieval system any content owned or licensed by AHDB.

1.7.     Other than the rights set out above, nothing in these Terms grants you any legal rights in the Site or the content. You agree not to adjust, try to circumvent or delete any notices contained on the Site or the content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Site or the content.

7. WARRANTY

7.1   Whilst we endeavour to ensure that any material available for downloading from this Site is not contaminated in any way, we do not warrant that such material will be free from infection, viruses and/or similar code.

7.2   Due to the nature of software and the internet, we do not warrant that your access to, or the running of, this Site will be uninterrupted, or error free.  We may suspend, withdraw, discontinue or change all or any part of our Site without notice.  We shall not be liable if you cannot access our Site due to circumstances beyond our control.

7.3   The content provided on this Site is for general information only and does not constitute specific advice.  Although we make reasonable efforts to update and keep correct, the information on our Site, we make no representations, warranties, or guarantees or any kind, whether express or implied, that the content on our Site is accurate, complete or up to date. We give no warranties, guarantees or representations that the Site or any information available on it is reliable, suitable or available for any specific purpose. Any reliance you place on the Site and any information is therefore strictly at your own risk.  It is your responsibility to ensure that any use of this website or information available through it, meets your specific requirements.

7.4.     We give no warranties, guarantees or representations that the Site or any information available on it is reliable, suitable or available for any specific purpose. Any reliance you place on the Site and any content or information provided is therefore strictly at your own risk.  It is your responsibility to ensure that any use of this Site or the content or information available through it, meets your specific requirements.

7.5   To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied.

7.6.     We make no promise that the Site is appropriate or available for use in locations outside of the UK. If you choose to access the Site from locations outside the UK, you acknowledge you do so at your own initiative and are responsible for compliance with local laws where they apply.

8. BARRING FROM THE SITE

8.1. We reserve the right to bar users from this Site or restrict or disable their access to, including the use of any or all elements of the Site and any content available through the Site, on a permanent or temporary basis at our sole discretion.

9. WE MAY SUSPEND OR WITHDRAW OUR SITE

9.1   Our Site is made available free of charge. 

9.2   We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons at any time at our sole discretion.

9.3. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

10. WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

10.1. This Site contains links to websites operated by third parties. Any such links are provided for your convenience and information only. We have no control over such websites content or functionality. We accept no legal responsibility for any content, material or information contained with them. We give no warranties or representations as to the accuracy or completeness of any of the information appearing in relation to any linked websites. We do not endorse or recommend any views expressed within them, nor any products or services advertised on those websites. If you decide to access any third party website linked from this Site, or use any information available, you do so at your own risk. 

11. THIRD PARTIES

11.1.  These Terms are between you and AHDB and no other party shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the provisions of these Terms.

12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU – DISCLAIMER

12.1.     Whether you are an individual consumer or a business user 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 and for fraud or fraudulent misrepresentation.

12.2.     Subject to clause 12.1, we will not be liable for:

12.2.1.        any failures due to software or internet errors or unavailability, technical issues or any other circumstances beyond our control.

12.2.2.        any loss or damage caused by a virus, distributed denial- of- service attack or other technologically harmful material that may infect your computer equipment, computer programmes, data or other proprietary material due to your use of our Site or your downloading or access to any content on it, or any website linked to it; or

12.2.3.        any losses that were not caused by any breach on our part;

12.2.4.        any losses that were not foreseeable to you and us when these Terms were formed.

12.3.     We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control.

12.4.     If you are a business user, subject to clause 12.1:

12.4.1.        we exclude all implied conditions, warranties, representations or other terms that may apply to our Site or any content on it;

12.4.2.        we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with :

12.4.2.1.          use of, or inability to use, our Site, or

12.4.2.2.          use of or reliance on any content displayed on our Site,

12.4.3.        In particular, we will not be liable for any:

12.4.3.1.          loss of any data, profits, sales, business, or revenue;

12.4.3.2.          business interruption;

12.4.3.3.          loss of anticipated savings;

12.4.3.4.          loss of business opportunity, goodwill or reputation; or

12.4.3.5.          any indirect or consequential loss or damage.

13. WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTE?

13.1.     If you are a consumer, relevant United Kingdom law will apply to these Terms. If you want to take court proceedings, the relevant courts of the United Kingdom will have non-exclusive jurisdiction in relation to these Terms.

13.2.     If you are a business, these Terms, their subject matter and their formation (and any non-contractual disputes or claims) shall be governed by English law and you agree to the exclusive jurisdiction of the courts of England and Wales.