Terms and Conditions

At Shoot, we would like to change the way the world gardens. We want to make it simple and enjoyable for everyone to create a great garden that works well for both the individual and their garden. We will not only help you figure out what to plant where, we will also follow-up by providing ongoing care advice - from pruning, and feeding to pest and disease control. Everything about Shoot is geared towards your garden, plants and personal needs.

If you prefer, we can also put you in touch with a wide range of skilled professionals who are able to help. We hope you enjoy Shoot and look forward to your feedback.

This website is owned and operated by Shoot Limited and is made available on the following terms, and by using the Shoot service you accept these terms:

Information and advice. While every care has been taken to ensure that the information and advice contained in this website is both accurate and up-to-date, neither Shoot nor its contributors can accept any liability to any user of the Shoot service. Shoot gives no representation or warranty as to the quality, accuracy or completeness of the materials or information on the website or takes any liability for any loss or damage incurred by reliance placed on the information contained in this website or through omission or errors, however they were caused.

Care Instructions. The care instructions in the online calendar and monthly emails are based on currently accepted gardening understanding and opinion. Shoot has undertaken a lot of work to test and check these instructions, and each new plant that is added to our database is double-checked before its details are published. However, opinions and approaches to gardening best practice do vary and some may not agree on the technique and/or timing of the instructions recommended on the Shoot website. If you feel our advice can be improved, please write to us at shoot@shootgardening.co.uk. If in doubt about any advice held on this site or in a monthly e-mail, please consult a gardening manual or your local garden centre for a second opinion.

If you live in a colder region of the UK, the timing for our instructions might need to be varied to be later in the spring and earlier in the autumn/winter. We offer a range of months for these activities, allowing you to judge which month will be best to carry them out in depending on the area you live. Shoot's general advice is:

• not to prune or to plant out until all risk of frost is over;
• do not prune while plants are in flower;
• move tender plants under glass over winter, or protect with fleece if there is a risk of frost in your area.

UK only. Shoot currently only fully supports customers in the UK. If you live outside of the UK, you will still find much of the information contained in this site useful and informative, however, the timing of the care instructions, and the list of plants suitable for your climate might not be accurate. Shoot is planning to expand our service, so that we can help gardeners in other countries too. Let us know where you would like us expand to next by sending a request to customerservice@shootgardening.co.uk

Images. We have tried wherever possible to obtain freely available images of plants from the internet and other sources. Where this has not been possible, we have used an image of a plant which very closely resembles the one it is representing to give you a good representation of the real plant. We are always happy to receive plant photo contributions. If you have plant in your garden, which is either missing a photo or has a slightly inaccurate one in its place, please send a digital photo in .jpg format, larger than 200 x 200 pixels with a name and description to customerservice@shootgardening.co.uk.

Copyright. Shoot grants you a limited licence to access and make personal use of this website, but not to download (other than single page catching) or modify any portion of it, except with express written consent of Shoot. You may download or print a single copy for your own non-commercial off-line viewing only.

All copyright and other rights in the Shoot service or on the website including materials, information and documents and all the content and design of this website together with the selection and arrangement of it and all software and database compilations and underlying source code are Shoot's sole intellectual property rights (or our licensees or technology providers).

All names, logos, slogans, or other phrases used on the website may be a Shoot trade mark or owned by another person or corporation. Any unauthorised use of such marks or phrases is unlawful. 'Shoot' is a registered trade mark of Shoot Limited in the United Kingdom.

Viruses. Although the website content in Shoot is checked for known viruses prior to being posted, it is strongly recommended that users always check any material downloaded from the web for viruses.

Availability. We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction. Please note that there will be no refund of standard or professional membership fees (nor will we have any other liability to you) for withdrawal, modification or unavailability of the Shoot service, except as provided in the refund clause below.

Back-ups. Every care is taken to back-up the Shoot website on a regular basis. In the event of an unforeseen back-up issue or database failure, we may lose some of your data, however, this should not be more than a few days worth of data.

Limitation of Liability. Shoot shall not be liable for any loss, liability or damages which result in any way from your use or inability to use its service in any way. This includes all direct and indirect damages, consequential or punitive damages which may occur from errors, delays in the service, viruses, theft or alteration of a user's computer.

Privacy. Please read our privacy policy.

Complaints. If you wish to complain about any aspect of our service, please email us at customerservice@shootgardening.co.uk

Changes. Shoot reserves the right to change these terms from time to time without notice.

Governing Law and Jurisdiction. These terms will be governed by English law and any disputes will be resolved exclusively by the English Courts.

Registration

You undertake to register for the Shoot service using accurate and current information about yourself - including your full name, postcode and any other requested details. If you are submitting details of a credit, debit or charge card, you must ensure that (a) you are fully entitled to use that card, and (b) it has available funds sufficient to cover the charges which are deducted from it.

As part of the registration process for the Shoot service, you will receive a verification email, the purpose of which is to take reasonable steps to ensure that the email address you have nominated during registration is controlled by you. That email contains simple instructions which you must follow.

Email address. You must ensure that the email address Shoot hold for you is kept up-to-date and that you have full authority to access it. Shoot will be sending you important messages there. If you change email address, then you must inform Shoot of the new address through your "My login details/profile" page.

Passwords. Access to your account requires your identification in the form of a secure password. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

Your Use of this Site. Access to the Shoot service is personal to you and must not be shared with others except that you may choose to grant access to your professional advisors, such as your garden designer to seek their advice. This is at your discretion and control.

In your use of the Shoot service and this website you must not:

• use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way
• modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative words from, transfer, sell, alter, amend or distort any materials, documents, software, information obtained from the website;
• use the website for any purpose which is unlawful or in any manner that could damage, disable or impair Shoot's service or website;
• post or transmit viruses, send spam, bulk email or post offensive, threatening, obscene, indecent, defamatory or inappropriate messages to any other person or machine on the website;
• use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content.

Content Contributions. Any user of Shoot - including the public and professionals - may post reviews, comments and other content such as garden photos, send communications and submit suggestions, ideas, comments, questions, or other information subject to complying with these terms and conditions. Shoot reserves the right (but not the obligation) to remove or edit any content.

You represent and warrant that you own or otherwise control all of the rights to the content that you post on the Shoot website and that as at the date that the content or material is submitted to Shoot:

• the content and material is accurate;
• use of the content and material you supply does not breach any applicable Shoot policies or guidelines; and
• will not cause injury to any person or entity (including that the content or material is not defamatory).
• You agree to indemnify Shoot and its affiliates for all claims brought by a third party against Shoot or its affiliates arising out of or in connection with a breach of any of these warranties.

Shoot lists thousands of plants on the website and will host many thousands of comments, it is not possible for us to be aware of the contents of each comment or review that is displayed. Accordingly, Shoot operates on a "notice and takedown" basis. If you believe that any content on, or advertised for sale on, the website contains a defamatory or incorrect statement, please notify us immediately by writing to customerservice@shootgardening.co.uk

Shoot accepts no liability for any third party content accessed directly or indirectly using this website. The user accepts the website contains hyperlinks to and content from third party websites over which Shoot has no control.

Gardening Professionals and other Businesses. We are providing many interesting ways for professionals and businesses to promote their services and express their views on this website. These include but are not restricted to contact details, articles, image portfolios, and comments on plants. Please ensure that the details you provide Shoot and its users are correct and complete and inform us immediately of any changes to the information. You can modify many elements yourself by logging in with the username and password allocated to you. Shoot reserve the right to amend or delete any such details or materials at any time. Shoot does not recommend or endorse the services of any gardening professional or any other suppliers of goods and services advertised on the website, we recommend that you undertake your own independent checks prior to purchasing or commissioning any goods or services.

Subscription services

Member Subscription Services. Members with a standard annual subscription are entitled to a twelve (12) month license to use all of the standard Shoot services. The standard Shoot services available at the time of launch include:

• the ability to create a personal online diary,
• build lists of plants I have and plants I want (unlimited plants),
• a list of pests and diseases that might affect your plants,
• a log of your garden conditions, and
  
• a plant check to evaluate whether a plant is suited to your garden's conditions.
• In addition you can group the plants in your garden and add notes to the plant and/or notes in the care calendar.

Business Subscription Services. Professionals (for example garden designers, landscapers, horticultural consultants and tree surgeons) and gardening businesses (for example, plant nurseries and garden centres) can purchase a twelve (12) month business licence. A basic business licence is the minimum licence required, and entitles approved businesses to a listing in the appropriate business directory on Shoot.

Shoot reserves the right to reject or remove businesses at its discretion.

A business subscription also allows the business user to build a garden diary, populate the plant lists and add notes and groupings, and then send it to their client by email notification. Each client will need to register and purchase the standard annual subscription directly from Shoot.

Free Client Garden Services. Business members can also purchase a free client garden service, so that they can send their clients links to a garden diary at no cost to the client for 12 months. Each client recipient will have to register directly with Shoot and shall then be entitled to member subscription services for 12 months at no cost.

Fees

Member Subscription Fee. The membership fee is £19.99 for one year OR £18.99 year one and then £12 per year thereafter if paying by automatic direct debit.

Business Subscription Fee. The annual fee is £30.00 per year.

Free Client Garden Fee. The annual fee is £100 per year which includes the right for clients to receive the first year standard membership free (subject to these terms).

Please note that Shoot reserves the right to change the amount of the fees at any time, and the period which it covers and the services which it enables you to obtain from time to time. However, existing standard and business members can be assured that these changes will not take effect until their next renewal date (or without your prior consent) when you will be informed of any revised fees or changes to the Shoot service prior to renewal.

Shoot may offer new or ancillary services from time to time which require the payment of additional fees - either to us or a nominated third party - on terms which will be provided to you at the time.

Subscription Renewal. You will need to renew your standard or business subscription every twelve months if you wish to continue benefiting from the Shoot service. Shoot will send you a reminder email to renew at least one month before the renewal date. If you do not renew, your account will be de-activated, and you will not have login rights or access to the standard Shoot services. Shoot will hold your personal plants lists, groups and notes you added to your account for a period of at least one month after your subscription expires. After one month we shall be entitled to delete your details from our database.

Free Subscription. If you registered with Shoot for a BETA membership during the BETA testing period, while we were building and refining the Shoot service, Shoot has already given you a lifetime free member basic subscription of Shoot. Thank you for registering and giving us useful feedback during that phase of development.

The free member subscription includes the basic services available at the time of launch (24th March 2006). Shoot will offer new or ancillary services from time to time which require the payment of fees - either to us or a nominated third party - on terms which will be provided to you at the time.

If you had a business subscription during the BETA testing period, you will be entitled to an extended free service for a limited time before you need to pay a business subscription fee. You will be entitled to a free business subscription to June 30th, 2007. This offer does not entitle you to a free professional subscription service.

Free Basic Trial. You can register for a limited free trial of the Shoot service. This trial will be for all the basic services, but limited to 1(one) garden and 8 (eight) plants.

Promotional Discounts. You may be entitled to a promotional discount if you participate in a promotion with a partner, third party or with Shoot directly. The terms will be provided to you at the time of promotion.

Refunds and Rebates. Fees paid will not be rebated or refunded by Shoot, except if we entirely withdraw the Shoot service then you may be entitled to a rebate a proportion of your fee for the remainder of the twelve month period to which that fee relates. No rebate or refund of any part of the fee will be payable under any other circumstances.