These terms and conditions (the "Service Terms") apply to anyone registering as a member on our Website to use our Service (defined below). Please read these terms as they affect your legal rights. By registering as a member through our Website you agree that you will be bound by these Service Terms. If you do not agree to be bound by these Service Term, you should stop using the Service (defined below) immediately.
You can contact us at the following email address: firstname.lastname@example.org
These Service Terms were last updated on 30/05/2022.
WHO WE ARE
The Service (defined below) is provided by One Garden Group Ltd ("The Garden®", "we", "our", "us"), a company incorporated and registered in England and Wales with company number 13233301 and VAT number GB381 7457 70 whose registered office is at 727-729 High Road, London, N12 0BP.
"The Garden" and the “Community for the curious” are registered trademarks of One Garden Group Limited. Regd. TM No. UK00003646042. All rights reserved.
The terms “you”, “your” and “yours” when used in these Service Terms means you as a person having registered as a member of The Garden via the Website.
The Garden® provides an online educational and entertainment media platform developed by or on behalf of us which connects you with digital content provided by experts, who are known as "Fellows of The Garden" (the "Service").
If you are a Fellow of The Garden® then you will have agreed additional terms and conditions with us which shall apply (to the exclusion of these Service Terms) to any services or content that you provide to us and shall in any event at all times prevail over these Service Terms to the extent of any inconsistency or conflict.
WORDS WITH MEANING
Certain words in these Service Terms have specific meanings. You can find these meanings easily by looking for where the relevant words are set out as follows: "bold". This shows where those words are defined and the form that such words will take when those terms are used in these Service Terms.
Some such words are:
Material means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code, software, information, data, content, recordings (including content and live performances provided by or on behalf of any Fellow of The Garden®) and any other form of information or data capable of being stored in electronic or other form that appears on or forms part of the Website, other than Your Content.
User means each user of the Website (including each member of The Garden®) from time to time.
Website means this website at onegarden.com.
You may view available content as a visitor to our Website. However, in order to use certain features of the Service you will need to register as a member of the Website by setting up an account and providing us with some details.
As a minimum, you will need to provide us with the following information:
date of birth;
telephone number; and
By registering as a member through our Website, your warrant that:
you are legally capable of entering into binding contracts; and
you are at least 18 years old.
By registering as a member through our Website, you agree that your details (including your email address/postal address) may be used to keep you informed about upcoming events. You can unsubscribe at any time by using the link at the bottom of the email.
Any registration by, use or access to the Service and/or Website by anyone under 13 years of age shall be unauthorised, unlicensed and in violation of these Terms. We reserve the right to terminate your registration without warning if we believe that you are under 13 years of age.
Any use or access to the Service and/or Website by anyone between 13 and 18 years of age must under the supervision of a parent or guardian. By registering for the Service, you warrant that you are 18 years of age or older.
You must ensure that the details you provide at registration (or at any other time) are correct and up to date. It is your responsibility to inform us immediately of any changes to the personal information that you provide to us, in order for us to communicate with you.
Unless otherwise specifically stated on our Service or otherwise agreed with you in writing, your account is for your personal use only. You must not allow any other person to use your account unless we specifically say otherwise.
You agree to take all reasonable care to keep your login information confidential and to inform us immediately of any apparent breach of security such as loss or misuse of a password.
You are responsible for other people who use your account (unless and to the extent that we are at fault).
USING THE SERVICE
It is your responsibility to check that the Website and the Service works on, and are compatible with, your device or computer (and the software and applications installed on them). The Service operates on the most up to date version of the following internet browsers: Chrome, Firefox and Safari. It is your responsibility to ensure that you have access to one or more of these browsers in the most updated version in order to use the Service and to have all other equipment, systems and networks required to access the Service.
As a member, you will have access to digital content on the Website. This includes, but is not limited to, live performances by Fellows of The Garden® and materials shared on the Website.
Access to some content (for example, small group Fellow-led conversations) may incur an additional fee on top of your subscription fee. You may access such additional content at your discretion on payment of such additional fee. We will always make you aware of any costs in addition to your subscription fee before charging you.
By using the Service, you agree to:
comply with any reasonable rules or requirements of our Service;
comply with any of The Garden® policies including our Community Guidelines, as updated from time to time;
comply with all applicable laws whether in the United Kingdom or the jurisdiction from which you are accessing the Service or Website; and
promptly comply with any reasonable request or direction by us in connection with the Service or your account.
YOUR CONTENT ON THE SERVICE
You are solely responsible for any content that you post, upload or share to the Website (Your Content).
By posting, sharing or uploading any of Your Content to the Website, you agree that you have (and will maintain) all necessary rights, permissions and authorisations required for us to use Your Content as anticipated by these Service Terms.
You warrant that you own all intellectual property rights in Your Content. You grant us the right to use Your Content on the Website for any purpose and at no cost to us. You grant each User of the Website the right to view and use Your Content in accordance with these Service Terms.
To the extent permitted by any applicable laws, you agree to waive any moral rights that may subsist in Your Content.
We reserve the right without notice or refund to you to:
reject, suspend, alter, remove or delete Your Content; or
disclose to the police or other relevant authorities or to any person that complains to us or initiates proceedings against us, or any other relevant third party, any of Your Content or behaviour where we have reason to believe that it breaches these Service Terms or our Community Guidelines or policies, if it is the subject of a complaint, where we consider that it is necessary for us to take steps to protect us or others or that an offence may have been committed, or where required by applicable laws or where requested by the police or other competent authorities. You must not try to re-publish or re-send Your Content once we have rejected, suspended, altered, removed or deleted it under this paragraph 5.5.
We may without notice or refund to you, reject, suspend, alter or delete Your Content at our discretion.
We are not responsible if Your Content is misused or disclosed by others or for any loss, corruption, change or damage to Your Content. You must take reasonable care when deciding to display or share Your Content on, or via, our Service taking account that Your Content will be available to us and other Users and will not be confidential. You acknowledge that we do not have any obligation to keep Your Content confidential once it is posted, uploaded or shared to the Website. We do not take responsibility for backing up Your Content and you should create your own backups if you wish to do so.
We may remove or delete Your Content without notifying you after this contract ends.
INTERACTING WITH MEMBERS
You accept that:
we have no obligation to monitor the actions of other members or the content which they may choose to post, share or upload to the Website. You should not assume that such content is accurate.
you rely on any content posted, shared or uploaded to the Website by other members and/or interact with other members at your own risk.
you are responsible for carrying out your own inquiries before interacting with other members including any use of, or reliance on, any content another member may post, share or upload to the Website.
we accept no responsibility for the accuracy of, or otherwise in relation to, any such content posted, shared or uploaded by members, or in connection with any interactions between members.
You agree to follow our Community Guidelines in your use of the Service and in your interactions with other members.
You acknowledge that by using the Website and the Service, you may come across or be exposed to content or certain behaviour that you may consider inappropriate or offensive. In such circumstances, please contact us on our email address provided above.
PROHIBITED USE OF THE SERVICE
You may not use the Service for any of the following purposes:
creating multiple accounts;
creating an account on anyone else's behalf;
letting anyone else use your account;
in any way which causes, or may cause, damage to the Website or interferes with any other User's use or enjoyment of the Service or Website;
in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order or infringes any third-party rights;
in any way that breaches our Community Guidelines or policies;
making, transmitting or storing electronic copies of Material protected by copyright without our permission;
victimising, abusing or harassing other Users; using offensive, obscene, abusive, discriminatory or other inappropriate language or images;
revealing sensitive personal information about yourself or your contact information. You share any personal information on the Website at your own risk;
storing, displaying or sending any material that includes someone else’s personal information;
intercepting or modifying communications from Fellows of The Garden® or other Users; or
attempting, encouraging or assisting anything listed in paragraph 7.1.
We may suspend or cancel your account with us if you breach these Service Terms, Website Terms, or our Community Guidelines or policies. Suspension or cancellation of your account may take immediate effect without notice to you. You will not be entitled to any refund.
As between you and us, we are the owner or the licensee of all intellectual property rights in our Website, and in the Material published on it, other than Your Content. The Website and the Materials are protected by copyright and other intellectual property laws and treaties around the world. All our rights are reserved.
By using the Website or the Service you acknowledge that such Material is protected by copyright, trade marks, database rights, moral rights and other intellectual property rights. You may, for your own personal, non-commercial use only, retrieve, display and view the Website, Material and the Service on a computer screen or screen of any other device. Nothing on this Website or in these Service Terms shall be interpreted as granting, by implication, estoppel, or otherwise, any license or right to reproduce, modify, copy, distribute, screen or use for commercial purposes the Website, Material or Service without our prior written permission.
You must not collect, scrape, harvest, frame or deep-link to any Material on our Website or provided as part of the Service without our prior written consent.
You must not reverse-engineer any of the software used on our Website in any way (except to the extent permitted by applicable laws). You must not create or use a modified or derivative version of the software used on our Website or distribute or sublicense the software used on our Website to third parties. You must take reasonable steps to ensure that the software used on our Website is not disclosed to any third party.
OTHER PEOPLES' PRODUCTS AND SERVICES
We may display, recommend or you may be able to access through the Website (for example, through links to other websites) other people's products or services. We are not legally responsible for such third-party products or services.
You agree to use any third-party products or services that are displayed or recommended by us, or accessible through the Website, at your own risk.
Any support service provided by us is only intended to address access to your account, configuration and proper use of, or any errors or interruptions arising from, our Service.
Unless otherwise stated, we do not guarantee any particular response times or outcomes. Any response times we may provide refer to United Kingdom business hours/days, unless we say otherwise.
We are not obligated to supply support to you if you are financially indebted to us or you have otherwise breached this contract.
YOUR SUBSCRIPTION AND PAYING US
By becoming a member of The Garden® and accessing the Service, you are entering into a legal contract with us on these Service Terms. This includes during any free trial period.
As a new member, you will be able to access one live talk and one on-demand talk as a trial of the Service. After this you can sign up to our subscription-based Service with payments made to us on a monthly or annual basis.
You are legally committed to pay your subscription payment when it falls due, once your subscription has started and we confirm your order.
While we try and ensure that all prices on our Website are accurate, errors may occur. If we discover an error in the price of the Service you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel your order and you have already paid for the Service, you will receive a full refund.
Your subscription will be auto-renewed on a continual basis for the same subscription period which you signed up to, unless you choose to end your subscription before the renewal date by following the instructions on our Service.
Ending your subscription does not entitle you to a refund or credits for a partially used period (unless Cooling Off Rights apply as set out at section 13 below).
You authorise our payment provider Stripe (or such other payment provider(s) that we use from time to time) to charge your payment card for the relevant amounts or otherwise take payment whenever payments are due in accordance with this agreement.
We may at any time change our subscription prices. If you apply for a new subscription after we display an updated price on our Website, the updated price will apply to your new subscription. For current members, we will notify you by email at least one month before any change to our subscription prices takes effect. If you do not accept the updated subscription price, you should cancel your subscription by following the instructions on our Service. If you do not cancel your subscription, after the one month notice period has passed, the updated subscription price will automatically apply to your subscription.
If you wish to dispute any payment on your account, you must contact us immediately on the email address provided above and provide us with full details of your dispute.
The Garden® giftcard subscriptions are subject to the same terms and conditions as regular The Garden subscriptions. A The Garden® giftcard subscription allows access to The Garden® services for the recipient of the gift only.
You may pay for your subscription by Mastercard, VISA or American Express via our payment provider, Stripe (or such other payment provider(s) as is used by our Website from time to time).
YOUR RIGHT TO CANCEL
From the day after starting your subscription (by providing your payment details) you have 14 days in the case of a monthly subscription, and 30 days in the case of an annual subscription ("Cancellation Period"), in which you can cancel this contract without giving any reason, and your payment will be refunded to you. This is known as your "Cooling Off Rights".
The Cancellation Period begins when the contract is entered into (per paragraph 11.1 above) and ends at the end of 14 days after the day on which you entered into this contract.
To exercise the right to cancel under your Cooling Off Rights, you must inform One Garden Group Ltd of your decision to cancel this contract by using the cancellation functionality available in your profile on onegarden.com. It can be accessed via the ‘manage subscription’ button.
You may also exercise the right to cancel by informing One Garden Group Ltd, 727-729 High Road, London, N12 0BP of your decision to cancel this contract by a clear statement (e.g., a letter sent by post or e-mail). We have set out an example cancellation form at the end of these Service Terms, which you may choose to use (but you do not have to).
To meet the Cancellation Period deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the Cancellation Period has expired.
You lose the right to cancel under your Cooling Off Rights where you accessed the digital content (i.e. the Service through the Website) before the end of Cancellation Period and you expressly acknowledged that your right to cancel would be lost in such case.
You otherwise may end this contract at any time. Instructions on how to cancel your subscription are set out in your account or you can email us at the email address provided above, advising that you wish to cancel your subscription. Any cancellation of your subscription will not take effect until the end of the agreed minimum term. This does not entitle you to a refund unless your Cooling Off Rights apply, as set out above.
EFFECTS OF CANCELLATION under Your Cooling off Rights
If you cancel this contract under your Cooling Off Rights, we will reimburse to you the full amount paid by you for your subscription in respect of which you are exercising your Cooling Off Rights.
The reimbursement will be made without undue delay, and not later than 14 days after the day on which you inform us of your decision to cancel this contract.
You will be reimbursed through the same means of payment you used for the initial transaction, unless you have expressly requested otherwise. You will not incur any fees as a result of the reimbursement.
Nothing in these Service Terms affect your statutory rights.
OTHER IMPORTANT PAYMENT INFORMATION
You will be charged in the currency as indicated at the checkout. All prices are inclusive of VAT, unless we provide otherwise. Prices are not inclusive of US Sales Tax and Canadian GST.
We are not responsible for any additional fees your bank or payment provider may charge your whether for payments, refund or anything else.
No matter how much protection we have on the Website, the security of information and payments over the internet cannot be guaranteed. Under no circumstances will we be liable for any losses incurred or sustained by Users who transmit information by email or other internet link.
SUSPENSION OR TERMINATION OF YOUR ACCOUNT
We reserve the right, acting reasonably, to immediately suspend or terminate your account, without a refund of any fees, if:
you breach these Service Terms, Website Terms or policies, including our Community Guidelines;
you use the Service for any purpose not expressly permitted by these Service Terms;
any information you have provided (whether during registration or thereafter) proves to be inaccurate, fraudulent, misleading or otherwise in violation of these Service Terms;
any fees payable by you are unpaid or are unjustifiably charged back; we are required to do so by applicable law or regulation or to comply with an order, instruction or request from a relevant authority;
you or anyone on your behalf acts inappropriately towards The Garden® staff or any User;
when using the Service or the Website, you infringe any intellectual property rights belonging to us, or any other third party;
you violate any other User's privacy (or those of a third party);
it comes to our attention that, whilst using the Service or the Website, you acted or are acting inappropriately or in an unsafe manner;
you have otherwise acted (or are acting) in a way in which we reasonably believe warrants us to suspend or terminate your account; or
acting reasonably, we think that it is necessary to protect us or others.
If we suspend your account, you will not be able to access content on the Website or the Service during any period of suspension. If we terminate your account, you will no longer be able to access content on the Website or the Service.
We are entitled at any time to end this contract if we terminate our Service as a whole for legal reasons or if in our reasonable opinion it is necessary to do so for security, technical or operational reasons. If so, we will refund in full any fees already paid which relate to the period after termination.
We are entitled at any time to end this contract without giving reasons. If this occurs, we will refund in full any fees already paid which relate to the period after termination.
When this contract ends:
Your right to use the Service under this contract will cease immediately.
All existing rights and liabilities under this contract remain unaffected.
All paragraphs in this contract which are stated or intended to continue after termination will continue to operate.
If you have any concerns or complaints about the Website or the Service, you can report this to us by sending an email to email@example.com. Following submission of any report, we may contact you for further information.
YOUR PERSONAL INFORMATION
LIMITATIONS ON OUR LEGAL RESPONSIBILITY AND LIABILITY TO YOU
Members should make their own enquiries of Fellows of The Garden® and satisfy themselves as to their credentials. We make no representations as to, and do not warrant the accuracy of, any representations, information, content or Materials made, shared or provided by The Fellows of The Garden® (including in any live performance or accompanying materials provided by the Fellow of The Garden® on the Website). Any opinions or statements by or on behalf of any Fellows of The Garden® are the views and opinions of that Fellow and not the views and opinions of The Garden®.
We will not be held responsible for any errors in, and do not accept liability for reliance placed on, the contents of our Website (including the Materials) and/or any omissions which may occur.
We do not accept any obligation to ensure or monitor that any content, guidance, information or Materials on our Website or provided as part of the Service is accurate or up to date.
We reserve the right without notice or refund to reject, suspend, alter, remove or delete any Material from the Website at our sole discretion and/or disclose any Material at our sole discretion to any third party.
You rely on any and all content, guidance, information or Materials on the Website and provided as part of the Service entirely at your own risk.
Provision of the Service
While we use every effort to ensure that the Service remains functional at all times, errors, interruptions and delays may occur in the Service. We do not accept any liability arising from any interruption or delay in availability of the Service.
Nothing in these Service Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited by English law. In this paragraph 19, any reference to "us" includes our employees and agents who shall have the right, with our consent, to enforce these Service Terms.
To the maximum extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Service or any content within it, whether express or implied, except as expressly set out in these Service Terms.
We will not be liable to any User 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 the use of, or inability to use, our Website or the Service, or the use of or reliance on any content displayed on our Website or provided as part of the Service.
We will not be liable for any loss or damage:
other than to the extent arising from a breach of the express provisions of these Service Terms by us or a breach of any other legal duty owed to you by us;
unless that loss or damage was reasonably foreseeable by us as an obvious consequence of our breach at the time you and we entered into these Service Terms;
which results from (in whole or in part) any breach by you of these Service Terms, any legal duty owed to us by you, or any negligence by you.
THINGS OUTSIDE OF OUR CONTROL
We are not liable for failure to perform or delay in performing any obligation under these Service Terms or for failure to provide or make available the Service or the Website if the failure or delay is caused by any circumstances beyond our reasonable control including, for example, third party telecommunication failures, acts of God or pandemics.
CHANGING THESE TERMS AND CONDITIONS
We may change the Service Terms from time to time without notice to you. However, for any material change or changes, we will give you at least 14 days’ notice, unless a more urgent change is needed to comply with laws or regulations or to deal with an unforeseen and urgent threat or danger.
We will notify you changes to the Service Terms in writing via email or text based on the email address or mobile phone number you provided to us on registration of your account (or as updated by you from time to time) and by posting the new version of the Service Terms on the Website.
If you do not agree to the changes to the Service Terms, and the changes are material, you can contact us on the email address provided above in order to end this contract up to the day before the updated terms take effect. If you do not contact us within that time period, the updated terms will apply to you.
By continuing to use the Service after these Service Terms have been updated, you accept and agree to such updated terms.
SOME OTHER LEGAL BITS
Transferring this contract to someone else
We may transfer the benefit of these Service Terms and our rights thereunder to a third party on reasonable notice to you. Your rights under these Service Terms will not be prejudiced.
These Service Terms are personal to you. As such, you may only transfer your rights and obligations under these Service Terms if we agree in writing.
Except as expressly set out in these Service Terms, a party who is not party to these Service Terms has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Service Terms. Nothing in this clause 22.3 shall affect any right or remedy which exists or is available apart from that Act in respect of any third party. The consent of any person having the benefit of all or any part of these Services Terms is not necessary for any variation (including any release or compromise in whole or in part of any liability) or termination of these Service Terms or any clause or other provision of it.
If a court finds part of these Service Terms illegal, the rest will continue in force. Each of the paragraphs of these Service Terms operates separately. If any court or relevant authority decides that any of these Service Terms are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Service Terms, or if we delay in taking steps against you in respect of your breach of these Service Terms, that will 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. For example, if we do not immediately suspend your account following a breach of these terms, that does not mean that we will not suspend it at a later date.
These Service Terms (as amended from time to time), along with any document expressly referred to within them, constitute the whole agreement and understanding of the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter of these Service Terms.
These Service Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law and any disputes or claims in connection with these Service Terms will be decided only by the courts of England.
Nothing in these Service Terms will affect any rights that you may have under any mandatory provisions of the law of the country in which you are resident.
Notices issued to us under the Service Terms must be provided in writing (which includes by e-mail) and shall be sent to: firstname.lastname@example.org
Notices issued to you under the Service Terms will be provided in writing and shall be sent to you via email or text based on the email address or mobile phone number you provided to us on registration of your account (as updated by you from time to time).
Example cancellation form
Complete and return this form only if you wish to cancel the contract:
To One Garden Group Ltd, 727-729 High Road, London, N12 0BP, UK (email address above):
I hereby give notice that I cancel my contract of sale for the supply of the following service, Ordered on [*]/received on [*], Your name, Your address, Signature of consumer (only if this form is notified on paper), Date
[*] Delete as appropriate