Pro Horticulture Terms and Conditions

Please read these Terms & Conditions before using our service.

Using this website signifies your agreement to the terms and conditions which may be modified at any time without prior notice.

The text, graphics logos, images and programming of this website are copyright of proHorticulture.com

proHorticulture.com retains full title to all intellectual property rights of this website.

Information submitted to ProHorticulture.com is subject to the UK Data Protection Acts 1984 and 1998.

If you do not accept the Terms and Conditions stated here, do not use this Web Site and service. By using this Web Site, you are indicating your acceptance to be bound by these Terms and Conditions. Any revision to these term and conditions will be posted prominently on the web site. You should visit this page periodically to review the Terms and Conditions because they are binding on you. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this web site for any reason.

Pro Horticulture authorises you to view and download a single copy of the material on the Web Site only for your personal, non-commercial use.

The contents of this Web Site such as text, graphics, images, logos, button icons, software and other Web Site content (collectively, "Web Site Content"), are protected under United States, United Kingdom, European and other copyright, trademark and other laws. All Web Site Content is the property of Pro Horticulture. The compilation (the collection, arrangement and assembly) of all content on this Web Site is the exclusive property of Pro Horticulture and protected by copyright laws. Unauthorised use of the Web Site Content may violate copyright, trademark and other laws. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original Web Site Content on any copy you make of the Web Site Content. You may not sell or modify the Web Site Content or reproduce, display, publicly perform, distribute or otherwise use the Web Site Content in any way for any public or commercial purpose. The use of the Web Site Content on any other web site or in a networked computer environment for any purpose is prohibited.

You shall not copy or adapt the HTML code that Pro Horticulture creates to generate any Web Site Content. It is also covered by Pro Horticulture’s copyright.

Site users may not use the Web Site in order to display, transmit, distribute, store or destroy material including, without limitation, Web Site Content

• in violation of any applicable law or regulation,
• in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others or
• that is, or may in our judgment be, defamatory, offensive, vulgar, obscene, harassing, threatening, abusive or hateful, racist, sexist, discriminatory, of a menacing character or cause annoyance, inconvenience, embarrassment or anxiety to any person.

Users are prohibited from violating or attempting to violate the security of the Site, without limitation,

• accessing data not intended for such user or logging into a server or account which the user is not authorised to access,
• attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation,
• attempting to interfere with service to any user, host or network including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "spamming", "mail bombing" or "crashing", or
• forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Pro Horticulture will investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations.

Individuals seeking employment and career information and employers seeking employees may use this Web Site only for lawful purposes. Pro Horticulture’s site can only be used for lawful purposes and specifically prohibits any use of the Web Site, and all users agree not to use, or allow any party under their control to use, the Web Site, for any of the following:

• Posting any incomplete, false or inaccurate biographical information or information which is not your own accurate CV

• Posting any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunities which requires an up front or periodic payment, pays commissions only (no significant salary), requires recruitment of other members, sub-distributors or sub-agents.

• Using the CV database for any purpose other than as an employer seeking employees for specific live jobs including, but not limited to, using the information in the CV database to sell or promote any products or services or to source people to join a franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity requires an up front or periodic payment, pays commissions only (no significant salary), requires recruitment of other members, sub-distributors or sub-agents.

• Sending unsolicited mail or e-mail, making unsolicited phone calls or sending unsolicited faxes regarding promotions and/or advertising of products or services to a user of a the Pro Horticulture Web Site.

• Deleting or revising any material posted by any other person or entity.

• Using any device, software or routine to interfere or attempt to interfere with the proper working of the Web Site.

• Taking any action that imposes an unreasonable or disproportionately large load on any the Web Site.

• If you have a password allowing access to a non-public area of this Web Site, disclosing to or sharing your password with any third parties or using your password for any unauthorised purpose.

• Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism including, without limitation, browsers, spiders, robots, avatars or intelligent agents to navigate or search the Pro Horticulture Web Site other than the search engine and search agents available in the Web Site and other than generally available third party web browsers.

• Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Pro Horticulture Web Site.

• Aggregating, copying or duplicating in any manner any of the Web Site Content.

• Framing of or linking to any of the Web Site Content or information available from the Web Site.

• Posting jobs which require the applicant to provide information relation to his/her racial or ethnic origin political beliefs philosophical or religious beliefs membership of a trade union physical or mental health, sexual life.

When you register with the Web Site, you will be asked to provide Pro Horticulture with certain information including, without limitation, a valid email address (your "Information"). Please see the Web Site Privacy Policy for further details regarding your information.

As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by using the Pro Horticulture Web Site you agree not to, do the following things: post material that is copyrighted unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, offensive, vulgar, defamatory, threatening, harassing, abusive, hateful, racist, sexist, discriminatory, of a menacing character or embarrassing, or which may cause annoyance, anxiety or inconvenience to another user or any other person or entity; post a sexually-explicit image or statement; post advertisements or solicitations of business; post chain letters or pyramid schemes; impersonate another person; or post material that contains viruses, Trojan horses, worms, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

Pro Horticulture does not guarantee the truthfulness, accuracy or reliability of communications posted by users or endorses any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.

Pro Horticulture acts as a passive conduit for the online distribution and publication of user-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly do not conform to these Terms and Conditions, Pro Horticulture will investigate the allegation and determine in good faith and at their sole discretion whether to remove or request the removal of the communication. Pro Horticulture has no liability or responsibility to users for performance or nonperformance of such activities. Pro Horticulture reserves the right to expel users and prevent their further access to the Web Site for violating the Terms and Conditions or the law and the right to remove communications which are abusive, illegal or disruptive. Pro Horticulture may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for Pro Horticulture or may cause Pro Horticulture to lose (in whole or in part) the services of its ISPs or other suppliers.

By submitting content to any public or non-public area of the Pro Horticulture web site, including message boards, forums, contests and chat rooms, you grant Pro Horticulture and their affiliates the loyalty-free, perpetual, irrevocable, sub-licensable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Web Site retains any and all rights that may exist in such content.

Any hyperlinks, "hidden" keywords or any keywords that are irrelevant to the job or are otherwise misleading contained in a job posting are prohibited.

You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration whether or not authorised by you. You agree to immediately notify Pro Horticulture of any unauthorised use of your registration or password.

If you believe that your copyrighted work has been uploaded, posted or copied to this Web Site and is accessible on this Web Site in a way that constitutes copyright infringement, please notify us with the following information:

• The physical or electronic signature of either the copyright owner or of a person authorised to act on the owner's behalf.

• A description of the copyrighted work you claim has been infringed and a description of the activity that you claim to be infringing.

• Identification of the location on this Web Site where the material or activity you claim to be infringing is located or is occurring; You must include enough information to allow us to locate the material or the activity.

• Your name, address, telephone number and your e-mail address

• A statement by you that you have a good faith belief that use on the Web Site of the copyrighted work in the manner you are complaining of is not authorised by the copyright owner, any agent of the copyright owner or the law.

• A statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorised to act on behalf of the copyright owner.

Email us at info at prohorticulture dot com or by post at Pro Horticulture, The Business Bureau, 7A Ilsham Road, Torquay. TQ1 2JG

Pro Horticulture respects the intellectual property of others and we ask our users, account holders and content partners to do the same. The unauthorised reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners rights. As a condition to your use of this Web Site, you agree not to use the Pro Horticulture Web Site to infringe the intellectual property rights of others in any way. We will terminate the accounts of any account holders and block access to our Web Site any users who repeatedly infringe the copyright or other intellectual property rights of others. We reserve the right to take these actions at any time, at our sole discretion, with or without notice and without any liability to the account holder who is terminated or to the user whose access is blocked.


Liability

The Pro Horticulture Web Site is only a venue. This Web Site acts as a venue for employers to post job opportunities and candidates to post CV's and does not screen or censor the listings offered.
Pro Horticulture is not involved in the actual transaction between employers and candidates. As a result, Pro Horticulture has no control over the quality, safety or legality of the jobs or CV's posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings. In addition, note that there are risks including, but not limited to, the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretences. You assume all risks associated with dealing with other users with whom you come in contact through the Pro Horticulture Web Site.

User authentication on the Internet is difficult, Pro Horticulture cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behaviour of participants on the Pro Horticulture Web Site, in the event that you have a dispute with one or more users, you release Pro Horticulture (and their agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

We are under no legal obligation to, and generally do not, control the information provided by other users, which is made available through the Pro Horticulture Web Site. Other people's information may be offensive, harmful or inaccurate and in some cases will be mislabelled or deceptively labelled. We expect that you will use caution and common sense when using the Pro Horticulture Web Site.

Content may contain inaccuracies or typographical error Pro Horticulture makes no representations about the accuracy, reliability, completeness or timeliness of the Web Site or the Web Site Content. The use of the Web Site and the Web Site Content is at your own risk. Changes are periodically made to the Web Site and may be made at any time.

You acknowledge and agree that you are solely responsible for the form, content and accuracy of any CV or material contained therein placed by you on the web Site. Employers are solely responsible for their postings on the Web Site.

Pro Horticulture is not to be considered to be an employer with respect to your use of the Web Site. Pro Horticulture shall not be responsible for any employment decisions, for whatever reason made, made by any entity posting jobs on the Web Site..


PRO HORTICULTURE DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE PRO HORTICULTURE SITE OR THE WEB SITE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, PRO HORTICULTURE IS NOT RESPONSIBLE FOR THOSE COSTS.

THE Pro Horticulture WEB SITE AND SITE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. Pro Horticulture, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO OUR SERVICES OR THE FUNCTIONALITY, PERFORMANCE OR RESULTS THEREOF. Pro Horticulture DOES NOT MAKE ANY WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, WEB SITE, WEB SITE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS.



TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Pro Horticulture, THEIR SUPPLIERS OR ANY THIRD PARTIES MENTIONED ON the Pro Horticulture web site BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, LOSS OF BUSINESS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE, Pro Horticulture AND THE WEB SITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Pro Horticulture IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


The Pro Horticulture Web Site contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by Pro Horticulture of the contents on such third-party web sites. Pro Horticulture is not responsible for the content of linked third-party sites and doe not make any representations regarding the content or accuracy of materials on such third party web sites. If you decide to access linked third party web sites, you do so at your own risk.

No Resale or Unauthorised Commercial Use.
You agree not to resell or assign your rights or obligations under these Term and Conditions. You also agree not to make any unauthorised commercial use of the Pro Horticulture Web Site.


TO THE EXTENT PERMITTED BY LAW, Pro Horticulture’s MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE WEB SITE, OR YOUR USE OF THE WEB SITE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED £100.

Pro Horticulture reserves the right, at their sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings from this Web Site and/or immediate termination of your registration with or ability to access the Web Site and any other service provided to you by Pro Horticulture, upon any breach by you of these Terms and Conditions or if Pro Horticulture is unable to verify or authenticate any information you submit to the

You agree to defend, indemnify and hold harmless Pro Horticulture, their officers, directors, employees and agents from and against any claims, actions or demands including, without limitation, reasonable legal and accounting fees, alleging or resulting from (i) any material you provide to the Web Site, (ii) any Web Site Content that you use or (iii) your breach of the terms of these Terms and Conditions. Pro Horticulture shall provide notice to you promptly of any such claim, suit or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

Pro Horticulture makes no claims that the Web Site Content may be lawfully viewed or downloaded outside of the United Kingdom . Access to the Web Site Content may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United Kingdom, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The law of England and Wales governs these Terms and Conditions. Jurisdiction for any claims arising under this agreement shall lie exclusively with the English Courts. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions that shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in additional terms of use for areas of the Web Site, a particular "Legal Notice" or Software License or material on particular Web pages, these Terms and Conditions constitute the entire agreement between you and Pro Horticulture with respect to the use of Web Site. A revised posting on this page shall make except no changes to these Terms and Conditions.

Certain areas of the Pro Horticulture Web Site are subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.