Terms Of Use

My Pickle Terms of Use

Thank you for visiting the My Pickle website. This page tells you the terms on which you may use our website: mypickle.org. Please read these carefully before use.

1. INTRODUCTION

1.1 Our website mypickle.org (“Website”) is operated by My Pickle C.I.C. (“My Pickle”), a UK community interest company registered in England under company number 11720805 and registered office at 7 Bell Yard, London, England, WC2A 2JR (“we”, “us” or “our”), In these terms of use, “you” and “your” means any user of our Website.

1.2 Your use of any part of our Website is subject to these terms of use (the “Terms of Use”). By using this Website, you agree that you have read, understood and accept these Terms of Use in full. If you do not agree to these Terms of Use you are not entitled to use any part of the Website and should stop using it immediately. My Pickle reserves the right to change these at any time by posting changes here.

1.3 These Terms of Use refer to the following additional terms, which also apply to your use of our Website:

1.3.1 Our Privacy Policy which sets out the terms on which we may process any personal data we collect from you or that you provide to us. (available here: https://mypickle.org/privacy-policy/).

1.4 The Terms of Use and the Privacy Policy govern your use of our Website.

1.5 If there is any conflict between these Terms of Use and the Privacy Policy, then these Terms of Use will take precedence.

1.6 You must be 16 or over or have consent from a parent or guardian to view or use the Website.

1.7 Our Website is directed to people living in the United Kingdom. We do not represent that material available on or through our Website is appropriate for use or available in other locations.

1.8 If you have any questions, concerns or comments regarding these Terms of Use, please contact us at hello@mypickle.org or our registered address listed above.

2. CHANGES TO THESE TERMS OF USE

2.1 We may revise these Terms of Use at any time by amending this page. Please check this page, and the Privacy Policy from time to time to take notice of any changes we make. Your continued use of this Website after any such changes constitutes your acceptance of this agreement as modified and they will be binding on you.

3. CHANGES TO THIS WEBSITE

3.1 We frequently update the Website and make changes to the Content (as defined in clause 7.1) at any time. However, please note that any of the Content on our Website may be out of date at any given time and we are under no obligation to update it.

3.2 Although we use our reasonable efforts to update the Content, we make no representations, warranties or guarantees, whether express or implied that the Content is free from errors or omissions, accurate, complete or up-to-date.

4. USE OF OUR WEBSITE

4.1 Access to our Website is made available free of charge. We do not guarantee that the Website, or any Content or other information on it will always be available or uninterrupted.

4.2 You have permission for temporary use of our Website, but we can withdraw, suspend, restrict, discontinue or change all or any part of our Website at any time without telling you and without being legally responsible to you.

4.3 If anyone else uses our Website through your internet connection, you must make sure that they read these Terms of Use first and other applicable terms and conditions, and that they follow them.

4.4 You must use the Website as allowed by law and these Terms of Use. If you don’t, we may suspend your usage, or stop it completely.

5. CONTENT

5.1 The Website may include content provided by other users of the Website, including but not limited to:

5.1.1 a Listing as further defined in clause 6.2;

5.1.2 Any other materials or information provided by other users of the Websites for use on our Website (“Information”)

(together “Submissions”).

5.2 We vet any Submissions received from users against our content standards prior to uploading such information and materials to our Website, however, please note: (i) users are still responsible for their own Submissions as set out under clause 6 of these Terms of Use; (ii) the views expressed by other users on our Website do not necessarily represent our views or values; and (iii) you must evaluate, and bear all risks associated with, the use of any Submission, including any reliance on the accuracy, completeness, ownership, or usefulness of such Submission.

6. PROVIDING SUBMISSIONS TO MY PICKLE

6.1 Users may provide a Submission to us via the “Contribute” button on our Website.

6.2 Any third-party support service or resource suggested by a user for use by other users is considered a “Listing”. In order to qualify as a Listing, the suggested service or resource must meet our criteria, including that it: (a) helps with any big life challenge; (b) is available nationally across England, Scotland, Wales and/or Northern Ireland (not just in a limited number of local locations); and (c) is relevant to a UK audience.

6.3 A Listing can include but is not limited to: (a) an online or offline service. For example, a helpline or national network of local support groups; (b) a product like a book or gadget; or (c) a service, resource or offering that is free or that costs money.

6.4 Whenever you make a Submission to us, you must comply with the content standards set out in these Terms of Use. We will then vet the Submission prior to upload on our Website (or any other My Pickle branded environments set out in clause 6.10.

6.5 You warrant that any such Submission complies with the standard set out in these Terms of Use, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

6.6 We also have the right to disclose your identity to any third party who is claiming that any Submission by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.

6.7 We have the right to remove any Submission you make on our Website if, in our opinion, your post does not comply with the content standards set out in these Terms of Use.

6.8 In connection with Submissions you give to us, in providing us with the licence set out in clause 6.6 you represent and warrant: (I) you own or have the necessary licences, rights, consents, and permissions to use and allow us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Submissions to enable inclusion and use of such Submissions in the manner contemplated by us and these Terms of Use; and (II) you have the written consent, release, and/or permission of each and every identifiable individual person in such Submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such Submissions in the manner contemplated by us and these Terms of Use. In addition, you agree that you will not: (I) provide Submissions that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein; (II) publish falsehoods or misrepresentations that could damage us or any third party; or (III) provide Submissions to us that are harmful, unlawful, obscene, defamatory, libelous, threatening, pornographic, vulgar, obscene, harassing, false, misleading, unreliable, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, violate any law, or is otherwise inappropriate or likely to bring the Website into disrepute.

6.9 We reserve the right to delete, edit, remove or not publish Submissions without prior notice.

6.10 You understand that when you provide Submissions in any form to our Website we may authorise the Submissions to be distributed or syndicated to or published on: (i) our Website; (ii) other “My Pickle” branded environments (including but not limited to social media and/or promotional materials) and; (iii) other third party websites.

6.11 If you are a copyright owner or agent thereof and believe that any of our Content infringes upon your copyright, please contact us at: hello@mypickle.org.

6.12 If you would like your Submission removed from our Website, please contact us at: hello@mypickle.org.

7. INTELLECTUAL PROPERTY RIGHTS

7.1 We are the owner or licensee of all intellectual property rights in our Website, and in the material we publish on it (the “Content”). This material includes, but is not limited to, the design, layout, look, appearance, Submissions and graphics. Our material is protected by copyright laws and treaties around the world. All such rights are reserved and unless otherwise specified, the authors of such works asserts their moral right under Chapter 4 of the Copyright, Designs and Patents Act 1988 to be identified as the author of the relevant works.

7.2 We own or licence the Content of our Website and provide it to you for your informational purposes only. You must not use or exploit any part of the Content on our Website for commercial purposes without notifying us of your intentions and obtaining a licence to do so from us or our licensors.

7.3 If you deal with or use any part of our Website in breach of these Terms of Use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

7.4 Nothing on this Website should be construed as granting, by implication or otherwise, any licence or right in or to our intellectual property rights without our express written permission.

7.5 We make no representations or warranties of any kind as to the accuracy, reliability, currency, or completeness of Content or that the provision of services through our Website meets your requirements or expectations. Inclusion of Content does not mean that we support or recommend a specific service or other information. We are not responsible or liable for any decisions you may make in reliance on the Content. Your use of our services is at your sole risk.

7.6 If you are a copyright owner or agent thereof and believe that any of our Content infringes upon your copyright, please contact us at: hello@mypickle.org.

7.7 If you wish to complain about Content on our Website please contact us at: hello@mypickle.org.

8. DONATE FUNCTION

8.1 You may make a monetary donation (a “Donation”) to our cause via the “donate” button on our Website. My Pickle uses a third party supplier (“Donorbox”) to collect donations via our Website – please see our Privacy Policy here (https://mypickle.org/privacy-policy/) regarding further details on how your information is processed by Donorbox in order to complete a Donation.

8.2 We will process your Donation via the payment method used at the time of donating.

8.3 Subject to the requirements of applicable laws, we will not provide a refund for any Donations received for any reason.

9. OUR LEGAL RESPONSIBILITY TO YOU

9.1 My Pickle provides general information only. As such, Content is not intended to be and is not a substitute for professional advice, diagnosis or treatment. Nothing on our Website (including but not limited to third party links from our Website) should be construed as the giving of advice or the making of a recommendation regarding any decision or action relating to your health and wellbeing, or the health and wellbeing of others.

9.2 It is up to you to contact a professional if you are concerned about the health and wellbeing of yourself or someone else. You should consult a qualified professional regarding questions or decision relating to your health or wellbeing. If you or anyone you know is in immediate danger, you should contact the emergency services (dial 999 in the UK).

9.3 Nothing in these Terms of Use will operate to exclude or limit either party’s liability: (a) for death or personal injury caused by its negligence; (b) for any fraud or fraudulent misrepresentation; or (c) to the extent that such liability cannot be excluded or limited under applicable law.

9.4 Subject to clause 9.3, we:

9.4.1 exclude all implied conditions, warranties, representations or other terms that may apply to our Website or any Content on it; and

9.4.2 will not be liable to you 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:

(a) use of or inability to use our Website; or

(b) use of or reliance on any Content displayed on our Website.

In particular, we will not be liable for:

(d) business interruption;

(e) loss of anticipated savings;

(f) loss of business opportunity, goodwill or reputation; or

(g) any indirect or consequential loss or damage.

10. YOUR LIABILITY IF YOU BREACH THESE TERMS OF USE

10.1 Without prejudice to our other rights under these Terms of Use, if you breach any provisions of these Terms of Use in any way, or if we reasonably suspect that you have breached these Terms of Use, we may take any action we deem appropriate to remediate such breach, including withdrawal of your rights to use our Website and taking legal action against you.

11. VIRUSES, HACKING AND OTHER OFFENCES

11.1 We use reasonable endeavours to ensure that our Website does not contain or disseminate any viruses or material which is malicious or technologically harmful. However, we do not guarantee that our Website will be secure or free from bugs or viruses and we are not liable for any loss or damage caused by viruses or other technologically harmful material that may infect your device, equipment, software, data or other proprietary material due to your use of the Website.

11.2 You are responsible for making all arrangements necessary for you to have access to our Website, including configuring your information technology, computer programmes and platform in order to access our Website. You should use your own virus protection software.

11.3 You must not, except as may be allowed by any applicable law and as expressly permitted under these Terms of Use:

11.3.1 attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit or distribute all or any portion of the Website or its Content in any form or media or by any means;

11.3.2 attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Website;

11.3.3 use the Website for anything other than as expressly permitted under these Terms of Use;

11.3.4 access all or any part of the Website in order to build a product or service which competes with the Website;

11.3.5 use the Website to provide services to third parties; or

11.3.6 misuse our Website, including by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack.

11.4 If you do anything which is a criminal offence under the Computer Misuse Act 1990, your right to use the Website will end straight-away. We will report you to the relevant authorities and give them your identity.

12. LINKS TO OUR WEBSITE

12.1 You are allowed to make a legal link to our Website’s homepage from your website provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

12.2 You must not establish a link from any websites that are not owned by you.

12.3 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

12.4 Our Website must not be framed on any other website. We reserve the right to withdraw linking permission without notice.

13. LINKS FROM OUR WEBSITE

13.1 Links from our Website to other websites are only for information. Although specific links provided on our Website (such as Listings and other Submissions) are vetted in accordance with clause 6, any Links on our Website should not be interpreted as approval by us of those linked websites or information you may obtain from them. We don’t accept responsibility for the information provided by other websites or any loss you suffer from using them.

14. DATA PROTECTION

14.1 We will only use your personal information as set out in our Privacy Policy here: https://mypickle.org/privacy-policy/. We strongly recommend that you read and ensure you understand our Privacy Policy prior to using the Website.

15. MISCELLANEOUS

15.1 In these Terms of Use: (i) reference to a person includes an individual, corporate or unincorporated body (whether or not having separate legal personality); (ii) words in the singular shall include the plural and in the plural shall include the singular; (iii) references to “including” and “include(s)” shall be deemed to mean respectively “including without limitation” and “include(s) without limitation”; (iv) reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.

15.2 These Terms of Use (and any other documents referred to within these Terms of Use) constitute the entire understanding and agreement between you and us in relation to your use of the Website.

15.3 If a provision of these Terms of Use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

15.4 These Terms of Use are for the benefit of you and us and are not intended to benefit any third party or be enforceable by any third party.

16. GOVERNING LAW

16.1 These Terms and Conditions shall be governed by and construed in accordance with the law of England. You hereby submit to the exclusive jurisdiction of the English courts.

These Terms of Use were last updated in January 2023.