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Introduction

These terms of use (“Terms”) set out the rules which apply when using the Plant Healthy website ("Website"- planthealthy.org.uk), the biosecurity self-assessment ("Self-Assessment") tool for the Plant Health Certification Scheme (“PHCS”), or any templates or other assets related to the PHCS or contained within the website.

The PHCS helps businesses assess how robust their biosecurity arrangements are when it comes to reducing the risk of transmitting plant disease or pests through the supply chain. Instances of plant pests and diseases can have a significant impact on businesses, for example if a ban is imposed on the movement of plant materials. It is based on established good practice in biosecurity by enabling businesses to carry out a Self-Assessment and signposting suggestions and resources to help the business take action to improve its practices and procedures.

Click on the links below to go straight to more information on each area:

Who we are and how to contact us

The PHCS is provided by Plant Healthy Limited which is a company limited by guaranteed (No 12757488) and registered charity (No 1205937) in England and Wales and has its registered office at The Estate Office, Raveningham, Norwich NR14 6NS.

To contact us, please email info@planthealthy.org.uk

By using the Website, you accept these terms

By using the Website, the Self-Assessment, or any other assets of Plant Healthy Limited, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use the Website.

You are also responsible for ensuring that all persons within your business who access the Website are aware of, and comply with, these Terms and the other terms referred to below.

There are other terms that may apply to you

The following additional terms may also apply to your use of the Website:

• Our Privacy Policy. Please also see the sections entitled “Data Submitted Via the Website” and “Personal Data” below.
• Our Cookie Policy, which sets out information about the cookies used in Plant Healthy.

We may make changes to these terms

We may revise these Terms at any time. Where practicable we will notify you by email of the changes but please check this page for changes from time to time as they will be binding on you.

We may make changes to the PHCS

We may make changes to the PHCS, or the Plant Health Management Standard ("PHMS") on which it is based, at any time. Where practicable we will notify you by email of the changes.

You may use the Website to repeat the Self-Assessment but please note that we reserve the right to delete any Self-Assessments which are more than two years old. 

Availability of the PHCS

We will use reasonable endeavours to make the Website available on a 24/7 basis but we do not guarantee that it will always be available or that access to it will be uninterrupted.

The PHMS and PHCS were originally designed for users in the United Kingdom

The PHMS and PHCS were originally designed for use by businesses located in the United Kingdom. Companies based outside the UK (whether overseas subsidiaries of UK companies or supplying into the UK market) may use the self-assessment tool and apply for certification, but you are reminded that the PHMS only takes account of UK legal requirements you are responsible for deciding whether Plant Healthy is suitable for use in your business.

You must keep your account details safe

You must keep your account details (including and user ID, password and other security information) confidential and you must not disclose it to any third party.

We have the right to disable any your account at any time if, in our reasonable opinion, you have failed to comply with any of the provisions of these Terms.

If you know or suspect that anyone other than you knows your user ID or password, you must promptly notify us at info@planthealthy.org.uk

Proprietary Rights

You acknowledge that the PHMS, PHCS and the associated Plant Healthy logo and other assets are the property of Plant Healthy Limited and that we are the owner or licensee of all related intellectual property rights and the material generated through your use of it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You must not reproduce, duplicate, copy or re-sell any part of the PHMS or PHCS or use the Plant Healthy logo, save as expressly permitted by these Terms.

How you may use the PHCS self-assessment tool

We grant you a non-exclusive, non-transferrable licence:

• to use the Self-Assessment;
• to print off and download material generated through your use of the Website ; and
• to use the material you print off or download,

solely for the purposes of your own legitimate business interests, and for no other purpose. You shall not be entitled to supply, market, sell, make available or otherwise dispose of the material generated through your use of Plant Healthy assets to any third party.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status as the owner of the PHMS, PHCS and any related materials must always be acknowledged.

If you use the PHMS, PHCS, or the material generated through your use thereof in breach of these Terms, your right to use of them will cease immediately, no refunds will be given and you must, at our option, return or destroy any copies of the materials you have made.

Prohibited Use

You may use the Website, PHMS, PHCS, Self-Assessment, and related templates, assets and logo only for lawful purposes. You may not use it:

• in any way that breaches any applicable local, national or international law or regulation;
• in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; or
• to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

You also agree not to access without authority, interfere with, damage or disrupt any part of the business of Plant Healthy Limited, the equipment or network on which it is stored or any software used in the provision of the PHCS.

We are not responsible for viruses and you must not introduce them

We do not guarantee that the Website and its various assets will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access the Website. You should use your own virus protection software.

You must not misuse the Website or its assets by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which Plant Healthy is stored or any server, computer or database connected to Plant Healthy Limited. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website or any related assets will cease immediately, no refunds will be given and you must, at our option, return or destroy any copies of the materials you have made.

Do not rely on information generated by Plant Healthy Limited

Plant Healthy Limited seeks to help businesses assess their biosecurity risks but any such help is not intended to amount to professional or specialist advice on biosecurity and we cannot accept responsibility for your reliance on the Website and the material generated through your use of it.

Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

Links to other websites

The Website includes links enabling you to access other websites and resources provided by third parties. These links are provided for your information only and should not be interpreted as approval by us of those linked websites or the information you may obtain from them. We have no control over the contents of those websites or resources.

Data submitted via the Website

Your use of the Website will include submitting data to us. You warrant that you are entitled to submit the data and will ensure that any data submitted via the Website is accurate and up to date.

The data which you submit via the Website will be used as follows:

• it will be submitted to the contractor(s) engaged by Plant Healthy Limited from time to time to develop and host the Website and related assets;
• to administer the Website and generate the results of the Self-Assessment;
• to send you reminders to complete or update the Self-Assessment;
• it may be aggregated with data submitted by other businesses and used to produce information (in an aggregated and anonymous format) to allow a broader assessment of biosecurity risks and to produce reports and analyses which will be made available to PHCS members and the wider public;
• to send you plant health information and alerts;
• to send you information about other directly-related products and services, which we believe may be of interest to you;
• we may, with your agreement, pass on the results of the Self-Assessment to an auditor as part of the process of full certification for the PHCS

You agree that the data you submit via the Website may be used in these ways and you acknowledge that you will not be entitled to payment for such use.

The Website may in future be developed to give you the option to upload information as evidence in support of the answers you have inputted. We will use reasonable endeavours to keep such documentation safe and confidential but we cannot accept any responsibility if such information is lost or deleted.

Personal Data

The Website offers a self-assessment tool for businesses purposes and the majority of the information exchanged through it will be of a business-to-business nature. To the extent that we collect and use any personal data via the Website (for example the business email addresses and other business contact details of the users within your business), such information will be processed in accordance with our privacy policy.

Our responsibility for loss or damage suffered by you

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and liability for fraud or fraudulent misrepresentation.

We exclude all implied conditions, warranties, representations or other terms that may apply to the Website and related assets and any material generated through your use of them.

Although we will do our best to make sure that the Website is available and that the material generated through your use of it is accurate, we will not be liable 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:

• your use of, or inability to use, the Website;
• your use of or reliance on any material generated through your use of the Website; or
• any errors in the material generated through your use of the Website.

In particular, we will not be liable to you for:

• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.

All conditions, warranties and representations implied by statute or common law in relation to your use of the Website and the material generated through your use of it are excluded to the fullest extent permitted by law.

Our trade marks

All trade marks appearing on the Website or in related materials, in particular our “Plant Healthy” trade mark (UK trade mark registration number UK00003773662) but also any other registered or unregistered trade marks, belong to Plant Healthy Limited and, except to the extent that they are reproduced on any materials which you print off or download through your use of the Website in accordance with these Terms, you are not permitted to use them without our express written consent.

Which country's laws apply to any disputes?

These Terms, and our contract with you for the use of the Website and its formation, shall be governed by English law. Any disputes between us (including any non-contractual disputes or claims) are subject to the exclusive jurisdiction of the courts of England and Wales.