1. Access and Use
All material on and rights in the RogersRoses site ("the Site") belong to ROGERS PLANTS LTD or its licensors. ROGERS PLANTS LTD or its licensors own all intellectual property rights (including copyright and database rights) in the content of the Site ("the Content") and any selection or arrangement of the Content. You may retrieve and display Content on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk or on your mobile telephone (but not on any server or other storage device connected to a network) for your personal, non-commercial use.
You may not use the ROGERS PLANTS LTD Sites for any unlawful purpose. Except as expressly set out above, you may not reproduce, publish, broadcast, transmit, modify, adapt, create derivative works of, store, archive or in any way commercially exploit any of the Content. Without limitation, you may not do any of the following without prior written permission from ROGERS PLANTS LTD (and neither may you allow a third party to do any of the same):
Redistribute any of the Content, or
Remove copyright or trade mark acknowledgements from any copies of Content made under these terms and conditions; or
Create a database in electronic or structured manual form by systematically downloading and storing all or any of the Content; or
Deep link to, frame, spider, harvest or scrape the Content or otherwise access the Content for similar purposes; or
Use any machine, electronic, web based or similar device to read or extract the Content by automated or machine based means.
Requests to republish or redistribute Content should be addressed to ROGERS PLANTS LTD's at 12 Eccleston Square, London SW1V 1NP, England.
If you would like to link to any of the ROGERS PLANTS LTD Sites, please read and comply with the following guidelines and all applicable laws. A site or service that links to a ROGERS PLANTS LTD Site:
may display a ROGERS PLANTS LTD logo, but must not otherwise use any ROGERS PLANTS LTD trade marks without permission from ROGERS PLANTS LTD;
may not remove, distort or otherwise alter the size or appearance of the logo;
may link only to the homepage of an ROGERS PLANTS LTD site unless ROGERS PLANTS LTD has given prior permission;
must not in any way imply that ROGERS PLANTS LTD is endorsing it or its products or services;
must not misrepresent its relationship with ROGERS PLANTS LTD or present false information about ROGERS PLANTS LTD;
must not be a site or service that infringes any intellectual property or other right of any person or that otherwise does not comply with all relevant laws and regulations;
must not be a site or service that contains content that could be construed as distasteful, offensive or defamatory.
ROGERS PLANTS LTD expressly reserves the right to require that any link in breach of these terms and conditions be removed and to take whatever other action it deems appropriate.
2. Privacy Policy
All information received from you when using the ROGERS PLANTS LTD Sites will be used by ROGERS PLANTS LTD in accordance with our Privacy Policy as outlined below.
We care about your privacy. We want to tell you in detail about the Internet policies and practices which we have adopted to protect your privacy so that you can feel confident about how we handle the personal information you entrust to us online. The server(s) that make(s) this site available may be located outside the country from which you accessed this site, but we will collect, process and use personal information only in accordance with this policy.
While we do not intend to make changes to our policies very often, it is always a good idea to double check when you visit our site to be sure that you have read and agree with our most current policy statement. We will not make any changes that have retroactive effect unless legally required to do so.
The content on our sites may include, among other items of interest, entertainment, games, surveys, sweepstakes, forums, and contests, and may also include advertising. We may also provide information on our company. We hope that you enjoy our site and will come back often to visit!
When do we collect personal information?
Personal information is only collected from visitors when it is volunteered by a submitter. This includes data such as names, addresses, e-mail addresses, demographic information (age, gender, etc), preferences, log on information including passwords etc. RogersRoses does not collect or store credit card or debit card information.
This information is collected when a visitor registers to become a club member, or when a guest visitor enters a competition , promotion or signs up to receive information. We do not knowingly collect data from minors.
What do we do with the information?
Providing personal information is up to you, our visitor. We collect personally identifiable information to enter you in contests and notify you of results, to e-mail you with updates and news should you request these, to respond to your questions or comments, to register you for club membership and/or to send out other information on our company.
We may from time to time email our members with special offers or information. RogersRoses offers visitors an "opt-out" option with each email sent should they wish to cease receiving e-mails or other information from us.
Personal information is used solely by RogersRoses and the partners who help make this site available to you in order to respond to your requests consistent with this policy.
What are 'Cookies'?
'Cookies' are data files that a Web site sends to your computer while you are viewing the site. These data files include information that allows our site to remember important information that will make your use of the site more efficient and useful to you. Our sites use cookies for a variety of purposes. We use cookie technology and IP addresses to obtain non-personal information from on-line visitors, and also to provide registered visitors with the best possible personalized on-line experience.
How do we use cookies?
Visitors to our sites use different web browsers and different computers. To make your visits as easy as possible with the technology you use, we automatically keep track of the type of browser (e.g., Internet Explorer, Netscape) and operating system (e.g., Windows, Macintosh) used by a visitor, and the domain name of the visitor's Internet service provider. We also track the total number of visitors to our site in an aggregate form to allow us to update and improve our site; personally identifiable information is not extracted in this process. This data tells us if more visitors prefer certain features or areas to others, which helps us keep our site fresh and interesting to the majority of our visitors.
How do we use cookies to personalize your experience at our sites?
Cookie technology ensures that we are able to provide all our club members with a full and rich experience enabling them to access the full content and interactive features on the site. Where necessary, we may associate personal information with a cookie file.
What if I don't want cookies?
If you don't want cookies, you can set your computer to warn you each time a cookie is being sent or turn off all cookies through your browser (e.g., Internet Explorer or Netscape Navigator). (Check your browser HELP menu to learn the correct way to change or update your cookies.) If you disable cookies, you may be unable to access some of the features noted above.
What about chat rooms, message boards, or other interactive forums?
The Talk Roses forum enables our club members to interact with each other online from anywhere in the world. Before entering the Talk Roses forum we strongly advise that you read our Terms and Conditions and Disclaimer once you enter this section. Only Club Members, members of the RogersRoses editorial team and website partners will be able to view this information.
What do you do to safeguard personal information?
We have instituted safeguards to check that our internal procedures meet our high policy standards. We also use our best efforts to be sure that third parties who work with us as our agents to make this site and its contents available to you, and to fulfil your orders and requests, agree to protect personal information that they must access in order to serve our site and our visitors.
What about links to other sites?
We may offer links to other sites outside RogersRoses.com. However, we try to link only with sites that share our values. You should always check the privacy policy of any linked site to understand their information collection practices, including how they may use cookies. We are not responsible for the content or information collection policies of sites operated by other companies. If you visit another site, you should review their privacy and other policies.
Anything else I should know?
We reserve the right to use or disclose any information as needed to satisfy any law, regulation or legal request, to conduct investigations of consumer complaints or possible breaches of law, to protect the integrity of the site, to fulfil your requests, or to cooperate in any legal investigation.
What should I do if I have questions, wish to access, update or delete information, or wish to opt out of receiving future communications?
If you would like us to access, update, change, or delete information we have about you and you are a member, please visit our membership area where you will be able to edit your details and unsubscribe from any further communications. If you wish to query any other information which we hold on you please email us with your request. Alternatively you may write to us at
Rogers Plants Ltd,
12 Eccleston Square
London
SW1V 1NP
United Kingdom
By submitting your details, you consent to the use of your information as set out in the Privacy Policy.
On registration, you must provide ROGERS PLANTS LTD with accurate and complete registration information and it is your responsibility to update and maintain changes to that information on the applicable ROGERS PLANTS LTD Site registration pages. ROGERS PLANTS LTD is entitled to rely on any information you provide to us.
Each registration is for a single user only. On registration, you will choose a user name and password ("ID"). ROGERS PLANTS LTD does not permit any other person to share your user name and password or access through a single name and password being made available to multiple users on a network. ROGERS PLANTS LTD may cancel or suspend your access to the ROGERS PLANTS LTD Sites if you breach any term of this agreement without further obligation to you.
You are responsible for all use of the ROGERS PLANTS LTD Sites accessed by you or anyone else using your ID and for preventing unauthorised use of your ID. If you believe there has been any breach of security such as the disclosure, or unauthorised use of your ID or any payment information, you must notify ROGERS PLANTS LTD immediately by e-mailing us.
3. Talk Roses and other community forums
The Site includes discussion forums, and other public areas that allow feedback to ROGERS PLANTS LTD and interaction between users. While ROGERS PLANTS LTD does not control the information/materials posted to Forums by users (the "Messages"), it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the Messages and to terminate your access to and use of the Forums and you waive any rights that you may have in regard to the Messages.
You are solely responsible for the content of the material you post and must comply with any rules posted by ROGERS PLANTS LIMITED and in particular you agree not to post any messages that contain advertising or are unlawful, libellous, indecent or infringe the rights of any third party.
By submitting material, you agree to indemnify and hold harmless ROGERS PLANTS LIMITED from all claims, costs and expenses (including legal expenses) arising out of any material posted or published by you. We highly recommend you do not part with any work or material, which is of value to you, and ROGERS PLANTS LIMITED is not responsible for any loss or damage of material sent out as a result of using the Site.
You must comply with any rules posted by ROGERS PLANTS LTD on a Forum. You may not:
Post, link to or otherwise publish any Messages containing any form of advertising or promotion for goods and services or any chain Messages or "spam";
Post, link to or otherwise publish any Messages that are unlawful, threatening, abusive, libellous, indecent, infringe copyright or other rights of third parties or which contain any other form of illegal content;
Impersonate any person or entity (including ROGERS PLANTS LTD employees or Forum guests or hosts) or misrepresent any affiliation with any person or entity;
Post or transmit any Messages that contain software viruses, files or code designed to interrupt, destroy or limit the functionality of the ROGERS PLANTS LTD Sites or any computer software or equipment
Collect or store other users' personal data
Restrict or inhibit any other user from using the Forums.
The Forums contain Messages submitted by users over whom ROGERS PLANTS LTD has no control. ROGERS PLANTS LTD cannot guarantee the accuracy, integrity or quality of any Messages. Some users may breach these terms and conditions and post Messages that are misleading, untrue or offensive. You must bear all risk associated with your use of the Forums and should not rely on Messages in making (or refraining from making) any specific decisions.
By submitting Messages to any Forums you are granting ROGERS PLANTS LTD a worldwide perpetual, royalty-free, non-exclusive licence to reproduce, modify, translate, make available, distribute and sub-license the Message in whole or in part and in any form. ROGERS PLANTS LTD reserves the right to contact you by e-mail with regard to your use of the Forums.
It is not possible for ROGERS PLANTS LTD to fully and effectively monitor when Messages infringe the copyright of a third party or other third party rights. If you believe that a Message infringes any legal rights that you may have, you should notify ROGERS PLANTS LTD immediately with specific details by contacting
Rogers Plants Ltd
12 Eccleston Square
London
SW1V 1NP
4. Technical Requirements and Site Security
The ROGERS PLANTS LTD Sites are best viewed using the Internet browsers IE5 or Netscape 6 (or later versions). Any older browser versions may work but users could have limited browsing experience.
5. WARRANTIES AND LIMITATION OF LIABILITY
The Content is only for your general information and use and is not intended to address your particular requirements. Any agreements, transactions or other arrangements made between you and any third party named on (or linked to from) the ROGERS PLANTS LTD Sites are at your sole risk and responsibility. ROGERS PLANTS LTD is not responsible for any use of the Content by you outside its scope as stated in these terms and conditions.
Each party warrants that it will comply with the Data Protection Act 1998 and any subsequent amendments or legislation that implements the EU Directive 95/46/EC and any guidance issued by the Information Commissioner relating thereto including but not limited to complying with its obligations in respect of any personal data which it may supply to or receive from the other party.
LIMITED WARRANTY
What we can guarantee: ROGERS PLANTS LTD SHALL DEVELOP AND OPERATE THE ROGERS PLANTS LTD SITES WITH REASONABLE SKILL AND CARE AND HAS REASONABLE SECURITY PROCEDURES IN PLACE.
What we cannot guarantee: EXCEPT AS SET OUT IN THE PARAGRAPH ABOVE, ROGERS PLANTS LTD DOES NOT GIVE ANY WARRANTIES IN RESPECT OF THE ROGERS PLANTS LTD SITES. TO THE EXTENT ALLOWED BY APPLICABLE LAW, ROGERS PLANTS LTD HEREBY DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS OR DUTIES OF EVERY NATURE WHATSOEVER (EXCEPT ANY DUTIES OF GOOD FAITH), INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, ANY EXPRESS OR STATUTORY WARRANTIES, AND ANY WARRANTIES OR DUTIES REGARDING ACCURACY, TIMELINESS, COMPLETENESS, PERFORMANCE, AVAILABILITY, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT. NEITHER DO WE PROVIDE ANY WARRANTY THAT THE ROGERS PLANTS LTD SITES ARE FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
OUR LIABILITY EXCLUSION
TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT ROGERS PLANTS LTD WILL NOT BE LIABLE TO YOU FOR ANY LOSSES WHICH RELATE TO YOUR BUSINESS OR CHOICES OR WHICH ARE NOT A DIRECT CONSEQUENCE OF YOUR USE OF THE ROGERS PLANTS LTD SITES (INCLUDING LOST PROFITS OR LOSS OF PRIVACY OR LOSS OF OR DAMAGE TO DATA) OR WHICH ARISE AS A RESULT OF YOU USING THE ROGERS PLANTS LTD SITES OUTSIDE THE SCOPE OF THESE TERMS AND CONDITIONS.
IN ADDITION TO BUT SEPARATE FROM THE ABOVE SPECIFIC EXCLUSION AND TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, YOU ALSO AGREE THAT ROGERS PLANTS LTD WILL NOT BE LIABLE TO YOU FOR ANY OTHER INDIRECT, SPECIAL, CONSEQUENTIAL INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE ROGERS PLANTS LTD SITES.
YOUR REMEDIES
ROGERS PLANTS LTD SHALL USE REASONABLE ENDEAVOURS TO PROMPTLY REMEDY ANY FAULTS IN THE ROGERS PLANTS LTD SITES OF WHICH IT IS AWARE.
YOU AGREE THAT YOUR ONLY REMEDY (INCLUDING FOR NEGLIGENCE) FOR ANY DAMAGES THAT YOU INCUR ARISING OUT OF YOUR USE OF THE ROGERS PLANTS LTD SITES (TO THE EXTENT THAT ROGERS PLANTS LTD'S LIABILITY IS NOT EXCLUDED BY THIS SECTION 5) IS LIMITED TO THE DIRECT DAMAGES YOU ACTUALLY INCUR ARISING OUT OF YOUR USE OF THE ROGERS PLANTS LTD SITES. THIS IS SUBJECT TO A LIMIT EQUAL TO ANY ANNUAL SUBSCRIPTION FEE, IF APPLICABLE, PAID BY YOU TO ROGERS PLANTS LTD PURSUANT TO THESE TERMS AND CONDITIONS DURING THE YEAR IN WHICH THE DAMAGE IS INCURRED. YOU MAY AT YOUR OPTION RECEIVE OTHER SERVICES OFFERED BY ROGERS PLANTS LIMITED TO THE EQUIVALENT VALUE OF THIS LIMIT IN PLACE OF MONETARY DAMAGES. FOR THE AVOIDANCE OF DOUBT, IF YOU HAVE NOT PAID ANY FEES (GAINED FREE ACCESS) IN ORDER TO USE THE ROGERS PLANTS SITES, THEN YOU HEREBY WAIVE ALL RIGHTS TO SEEK REMEDY FOR ANY DAMAGES THAT YOU INCUR ARISING OUT OF YOUR USE OF THE ROGERS PLANTS LTD SITES.
OTHER INFORMATION
Without limiting the above, ROGERS PLANTS LTD is not liable for matters beyond its reasonable control. ROGERS PLANTS LTD does not control telephones, third party communications networks (including your Internet Service Provider) or the Internet or the acts of third parties.
6. Third Party Sites and Services
The ROGERS PLANTS LTD Sites contain links to other Internet sites provided by independent third parties ("Third Party Sites"), either directly or through frames. Third Party Sites may be co-branded with ROGERS PLANTS LTD and so include ROGERS PLANTS LTD's trade mark. ROGERS PLANTS LTD is not responsible for the availability or content of Third Party Sites and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such Third Party Sites. If you purchase products or services from a Third Party Site your contract for such products or services will be with the third party and not with ROGERS PLANTS LTD.
7. General
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.
Failure by either party to exercise any right or remedy under these terms and conditions does not constitute a waiver of that right or remedy. Headings in these terms and conditions are for convenience only and will have no legal meaning or effect.
All notices shall be given in writing to persons at the locations specified in this Agreement as either party may designate by notice to the other. Notice sent by post shall be deemed to be delivered seventy-two (72) hours after posting. Notices sent by email shall be deemed to be delivered twenty-four hours after transmitting.
Any waiver, concession or indulgence made by either party shall not be considered as a continuing waiver of its rights.
This Agreement contains the entire understanding between the parties hereto and supersedes all previous agreements between the parties. No other terms or conditions (including any written, given verbally or attached to any purchase order form, document or correspondence) shall be included or implied unless agreed upon in writing signed by an authorised officer or representative of each of the parties to this Agreement providing that nothing in this clause shall be deemed to exclude either party's liability for fraudulent misrepresentation.
This Agreement does not create any rights under the Contracts (Rights of Third Parties) Act 1999 which are enforceable by any person who is not a party to it and no person who is not a party to this Agreement may enforce any of its terms or rely on any exclusion or limitation contained in it.
This Agreement shall be subject to and construed in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
8. Contact Us
If you have any queries in relation to these terms and conditions or wish to make a complaint about the service you have received, please contact
Rogers Plants Ltd
12 Eccleston Square
London
SW1V 1NP
United Kingdom