GENERAL TERMS AND CONDITIONS ("Terms")
Terms of Use
1. In accessing the website www.jamieshomecookingskills.com ("the Site"), you agree to do so only for your own personal, non-commercial use and in accordance with these Terms.
2. The Site is owned and operated by Jamie Oliver Limited ("we" or "us").
3. Please read the Terms carefully as they set out your rights and obligations and the terms on which we make the Site available to you. They also provide information on how material submitted by you may be used.
4. Any use of the Site (including, but not limited to, viewing the Site’s content) constitutes your acceptance of these Terms, which takes effect the moment you first use the Site. If these Terms are not accepted in full, you should not access the Site and should stop using it immediately. We reserve the right to change the Terms at any time by posting up a varied version of the Terms online, and it is your responsibility to refer to and comply with the most up to date Terms on accessing the Site. Your continued use of the Site after changes are posted constitutes your acceptance of the Terms as modified.
5. You do not need to register as a member to use the Site. However, if you wish to upload content to the Site, you will need to read and accept the specific upload T&C's before doing so, which are available on the Upload Photos page. You may also give feedback on the Site by visiting the Feedback section of the Site and these Terms and the Privacy Policy and any specific terms on the Feedback section of the site apply to any feedback you submit.
6. Unless otherwise stated, you may not copy, reproduce, republish, download, post, store (including in any other website), distribute, transmit, broadcast, commercially exploit or modify in any way any of the Site's material or content or permit or assist another person to do the same.
7. You agree to only use the Site for lawful purposes, in a manner which does not infringe the rights of any person or restrict the use and enjoyment of the Site by any person, for example you must not engage in conduct which is libellous, in breach of anyone’s privacy or which may harass, cause real distress or inconvenience to any person, or post any obscene or offensive content or interrupt the normal flow of dialogue within the Site.
8. The Site may include links to third party web sites ("Third Party Sites") from time to time. You acknowledge and agree that we will not be responsible for the availability of the Third Party Sites and will not be responsible or liable for any content or services from the Third Party Sites. Your accessing of the Third Party Sites is at your own discretion and risk.
9. Some parts of the Site may have specific terms of use (e.g. competitions). By registering for and/or using these parts of the Site you are agreeing to these specific terms. If there is any conflict between these Terms and specific terms appearing on the Site, the specific terms shall prevail.
Contributions
10. "Contribution" includes all content provided to the Site or uploaded to the Site by you, i.e. pictures, photos, comments, videos, reviews, competition entries and other user generated material.11. You agree and guarantee that any Contribution you provide or upload is original to you and does not infringe the copyright or any other rights of any other person. You must obtain any consents necessary for you to provide the Contribution to us. You agree and confirm that all facts expressed by you in any Contribution are true to the best of your knowledge and belief and, if your Contribution contains opinions, these are your own and genuinely and truly held by you; that nothing in the Contribution will infringe the copyright or any other right of any person, breach any contract or duty of confidence, be defamatory, obscene, offensive, indecent, harassing, threatening, breach anyone’s privacy or may constitute a contempt of court or be calculated to bring any broadcaster or other person into disrepute; and that all Contributions will comply with any additional terms or requirements on the Site and you will at all times comply with such terms and these Terms.
12. We do not, unless we agree this with you, claim any rights of ownership in your Contribution. As such, you retain all rights in your Contribution and, although we will be able to use the Contribution as set out in these Terms, you will also have the right to use your Contribution in any way you choose. Where a Contribution is to be acquired by us this will be made clear on the Site and you will then be able to choose whether to provide a particular Contribution on that basis.
13. Where we do not own the Contribution, you agree that we may (and third parties authorised by us may) make any and all Contributions available on the Site and any other media, whether now known or invented in the future, which may include other internet sites, mobile, television and/or radio and that Contributions may be made available in conjunction with advertising and/or sponsorship. You now grant us (and third parties authorised by us) a non-exclusive, worldwide, irrevocable licence (for the full period of any rights in the Contribution) to use, display, publish, transmit, copy, make derivative works or podcasts from, edit, alter, store, re-format, sell and sub-licence the Contribution for such purposes.
14. We do not guarantee to use or otherwise make available any Contribution. Any Contribution may be rejected by us and may be edited, moderated or deleted at our absolute discretion. We reserve the right not to accept any Contribution that is not in English and cannot be moderated. All decisions are final and we will not enter into any discussions or correspondence about why a Contribution has been rejected.
15. We may, in appropriate circumstances, and at our sole discretion, remove or disable access to a Contribution that appears to be legally or otherwise problematic e.g. it infringes the copyright or other intellectual property or privacy rights of others, is defamatory, or for any other reason. In relation to all reviews and comments posted on the Site, you consent to us editing such reviews to ensure compliance with the Terms.
16. We may retain Contributions even if they are not published. You agree, however, that we have no obligation to keep originals or copies of any Contribution or to return them to you or remove them from the Site.
17. Your Contributions (if any) may remain on the Site for as long as the Site is operating - please contact us via enquiries@HomeCookingSkills.com with details of any Contribution you would like to be removed and we will try our best to remove it.
Availability of The Site and Liability
18. The Site, Contributions and information, images, logos and content relating to the Site, Jamie Oliver and/or any of our associated companies, products and services (or to third party products and services), are provided 'AS IS' and on an 'AS AVAILABLE' basis without any representation, endorsement or warranty of any kind, including but not limited to implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
19. We will endeavour to provide the Site using all reasonable care and will use reasonable efforts to make the Site available to you at all times. However you acknowledge that the Site is provided over the internet and so the quality and availability of the Site may be affected by factors that are outside our reasonable control such as technical faults in your ISP's and/or telecommunication providers' network/service. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, providers, computer equipment or software, or failure of any email to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any website (or any combination of these things).
20. We make no guarantees that the Site will be available, uninterrupted or error free, or that defects will be corrected, or that the Site or the server that makes it available are free of viruses or bugs. Except as required by law, we will not be responsible for any loss or damage caused by: (a) interruption or delay to the Site or errors, viruses or bugs contained in the Site caused by events outside our reasonable control; (b) your negligence, your breach of the Terms or failure to follow our reasonable instructions; (c) any incompatibility of the Site with any other software or material on your equipment; (d) any unauthorised use of the Site; or (e) any other factor that is outside our reasonable control.
21. Content, information and other material on the Site may contain inaccuracies and typographical errors. We do not warrant the accuracy or completeness of these or the reliability of any information displayed or distributed through the Site (including provided through any software). You acknowledge that reliance on any such information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any part of the Site and to make changes to the Site and to the materials, products, programs, services or content described in the Site at any time without notice.
22. We cannot accept any responsibility for any damage, loss, injury or disappointment suffered though use of the Site. In no event will we or any of our third party affiliates, or Jamie Oliver, be liable for any damages whatsoever, whether in action of contract, negligence or other action, including (but not limited to) damages for loss of use of the Site, damage to equipment or other software, or loss of data or profits or for other monetary loss or for any indirect or consequential damages, arising out of or in connection with the use (or inability to use) or performance of the Site. In addition, in no event shall we or any licensors or third party affiliates or Jamie Oliver be liable for any unauthorised use of the Site.
23. These exclusions do not apply to death or personal injury caused by our negligence and only apply to the extent permitted by law. This does not affect your statutory rights.
Rights in the Site and Content on the Site
1. The names, images and logos identifying Jamie Oliver, Jamie Oliver Limited, Home Cooking Skills, Edexcel, all our associated companies or third parties and any products and services are proprietary marks of these parties. Nothing in the Terms shall be construed as conferring to you any licence or right, including any intellectual property right, in any such images, names or logos, products or services of all the above parties unless expressly stated otherwise.
2. All copyright, trade marks and other intellectual property rights and all other proprietary rights in the Site (including the design, arrangement and look and feel) and all material, software or content supplied as part of the Site (including without limitation all teacher support materials and student support materials, and all recipes), other than your Contributions and Your Data (as included in the Privacy Policy below), shall remain at all times our property or the property of our licensors.
3. Any products and services on the Site are subject to availability and are available at our sole discretion.
General
1. The Terms shall be governed by and construed in accordance with the laws of England. Any disputes arising from the Site or Terms will be decided only by the English courts.
2. We make no representation that materials on the Site are appropriate or available for use at locations other than the UK and Republic of Ireland and access to them from territories where their contents are illegal is strictly prohibited. If you access the Site outside of the United Kingdom or Republic of Ireland, you are responsible for compliance with all local laws.
3. If any of the Terms are held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms which will continue to be valid and enforceable to the fullest extent permitted by law.
4. You agree to indemnify us, and keep us fully indemnified against any loss demand damage or claims suffered or incurred by us or our licensees, assigns, licensors or affiliated companies as a result of any breach by You of these Terms or any other specific terms on the Site, or as a result of the breach by you of any third party’s rights.
5. We can transfer our rights and obligations under the Terms to any company, firm or person provided this does not affect your rights under the Terms. You may not transfer or assign your rights or obligations under the Terms to anyone else.
6. Jamie Oliver Limited is incorporated and registered in England and Wales at 19-21 Nile Street, London N1 7LL. You can contact us about these Terms by emailing us at enquiries@HomeCookingSkills.com.
Last updated 18th August 2010
PRIVACY POLICY AND PERSONAL DATA
1. In order to provide you with the full range of services on the Site, we are sometimes required to collect information about you. We will use any personal information collected from the Site in accordance with the laws and regulations relating to the protection of personal data including the Data Protection Act 1998 (as may be amended) (the "Data Protection Act"). Further details on the Data Protection Act can be found on the Information Commissioner's website (www.informationcommissioner.gov.uk)
2. Personal information you may be asked to supply during your use of the Site and any other information relating to your Contributions ("Your Data"), may be used by us, our group companies, service providers and other organisations and by subcontractors, employees, agents and advisors (including legal advisors) as follows: (i) in making decisions about whether any Contributions you seek to upload onto the Site should be accepted, rejected or used; (ii) for marketing purposes but only where you have specifically agreed to this; and/or (iii) as set out on the Site or the Terms. In addition, we may at our discretion disclose this information to the police, regulatory bodies or any legal advisers in connection with any alleged criminal offence or suspected breach of the Terms by you or otherwise where required by law.
3. You may be requested to take part in promotional activity and we reserve the right to use your name, photographs and audio and/or audio visual recordings you provide in any publicity.
4. Unless we agree otherwise with you e.g. in relation to contacting you for marketing purposes, Your Data will not be passed on to third parties without your express consent and will be kept private and confidential. By using the Site you are agreeing to Your Data being used as set out in this Privacy Policy and in the Terms.
5. The information collected on the Site includes:
a. Users' Internet Protocol (IP) addresses, which are automatically logged by our web server. IP addresses are numbers that can uniquely identify a specific computer or other network device on the internet and are used by us to observe users' interest in this Site (number of visits, etc).
b. Cookies are very small text files saved to your computer or other device and used to track user navigation around a website. Session cookies are also used to store information on which content, including advertisements, have been seen by a user. Some areas of the Site also use persistent cookies which are permanently stored on the users' computer. We will use such cookies to identify unique users to the Site. They are not cross-referenced with any other information such that an individual person could be identified. c. Cookies also allow us to make our sites more user-friendly. We may use the services of analytics companies to help measure traffic to the site and other demographics and usage of the Site, for example, to show the number of times a page or site section or particular content has been viewed, and this information helps us learn things like what pages most attract our visitors to the Site. Although the companies we work with track this information, we control how such data may be used, and the analytics companies do not have access to any of your personal data such that individuals can be personally identified.
6. The Site contains hyperlinks to websites owned and/or controlled by third parties who have their own privacy policies and we advise you to check them. Advertisers may for example use cookies to track responses to their adverts. We do not accept responsibility or liability for the privacy practices of such third party websites and you use them at your own risk.
7. Disabling/Enabling Cookies - users have the ability to accept or disable cookies by modifying the settings in their browser. Disabling cookies however may mean that some functionality of the Site may be affected. For further directions on how to disable cookies please click here for the Interactive Advertising Bureau’s guidelines: www.allaboutcookies.org/manage-cookies/stop-cookies-installed.html
8. There may from time to time be opportunities on the website to receive e-mail communications alerting you to news and offers from us as fully explained before you subscribe. You may unsubscribe from these emails at any time by clicking on the 'unsubscribe' link in the relevant email.
9. We will not disclose voluntarily provided details to third parties or use Your Data or Contributions in any way other than set out in this Privacy Policy and the Terms without your prior consent.
10. If you are 16 or under, please get your parent or guardian’s consent beforehand whenever you provide personal information on the Site – for example, your name, age, address, email address, any other details relating to you.
11. We will hold Your Data and Contributions only for as long as is necessary and reasonably required for the relevant purpose.
12. We endeavour to keep Your Data secure; however, we will not be responsible for any breach of security unless it is due to our negligence or willful default.
13. You have the right to access your information held by us and, where necessary, to have it amended. We may charge an administration fee of £10 and you will have to prove your identity. Please address any requests to enquiries@HomeCookingSkills.com
14. This privacy statement may change from time to time, so you may want to check back occasionally when you send us personal information.
Last updated 18thAugust 2010