Terms and Conditions

Notice

This legal notice applies to the entire contents of the website under the domain name 'www.nhm.ac.uk' and any subdomains, and to any correspondence between you and us and to any newsletters or publications downloaded by you or sent to you by us (the 'Website').

The website is operated by the Trustees of the Natural History Museum, whose principal place of business is at the Natural History Museum, Cromwell Road, London SW7 5BD (the 'NHM').

In consideration of the NHM allowing you access to the Website, you are deemed to accept our terms of use. Please read them carefully. If you do not accept these terms of use, do not access, use and/or contribute to the Website.

Our website terms of use may be changed from time to time. Please review them regularly. If you continue to use the Website after a change has been made to the terms of use, you are deemed to have accepted it.

Definitions

In these Terms of Use:

'Marks' means the trade marks or service marks, logos or brands for the time being and from time to time properly used or adopted by and belonging to the NHM or a third party. The term 'trade marks' shall where the context admits be deemed to include all logos and service marks.

'Information' means information, to the extent it is protected by copyright or related rights, and is not expressly marked as belonging to a third party, including all or any part of any text, image, audio, video or any other type of media in any format contained and comprised in the Website.  'Information' does not include 'Marks'.

Third Party Intellectual Property means all or any part of any Marks, text, image, audio, video or any other type of media in any format contained and comprised in the Website and expressly marked as the belonging to a third party.

'We', 'our', 'us' and 'NHM' mean The Trustees of the Natural History Museum, London or as the context requires the Natural History Museum Trading Company Limited.

'Website' means our website at www.nhm.ac.uk/ and any sub-domains including any correspondence between you and us and to any newsletters or publications downloaded by you or sent to you by us

General

You may not use the Website:

for the posting, uploading, emailing or other transmission of any material, the publication, dissemination, use or possession of which infringes the rights of any person or which is unlawful in any other respect

in any way which is abusive, defamatory or obscene or which will harass, distress or inconvenience any person or which might restrict or inhibit the use and enjoyment of the Website by any person
  • for the posting, uploading, emailing or other transmission of any unsolicited or unauthorised advertising, promotional materials, 'junk mail,' 'spam,' 'chain letters,' 'pyramid schemes' or any other form of solicitation or commercial exploitation
  • for the posting, uploading, emailing or other transmission of any material that contains software viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment
  • in such a way so as to remove the copyright or trade mark notice(s) from any copies of any Materials made in accordance with these terms; or
  • in any way that might bring NHM, any of its employees, volunteers or affiliates into disrepute.

Intellectual Property

The NHM or its licensors or contributors own the copyright and all other intellectual property rights in the Marks and Information on the Website.

Use of Marks
Nothing contained in the Website shall be construed as granting any licence or right to use our Marks or those comprised in any Third Party Intellectual Property displayed on our Website without our prior written permission or that of any third party owner. Your misuse of the Marks on our Website is strictly prohibited.

Use of Information
The NHM will comply with all relevant applicable law with regards to the reuse of our Information including the Re-use of Public Sector Information Regulations 2015.

Requests to re-use Information from our website, exhibitions, collections data or other information should be sent to info-reuse@nhm.ac.uk. Please include details of the Information you wish to use and how you would like to use it. We will respond as soon as possible.

The NHM recognises that the law permits some limited uses of Information without the need for authorisation from the rights owner. Nothing in these terms is intended to override those Acts Permitted in law.

Any use of Information from the Website should be accompanied by appropriate attribution to the copyright owner and source of the Information, and, where relevant, details of the licence under which it is used.

Third Part Intellectual Property

The NHM is unable to license third party intellectual property on the Website. Requests to re-use third party intellectual property should be directed to the rights holder(s) concerned.

Intellectual Material you share with us

You hereby grant the NHM a non-exclusive, royalty-free, perpetual and worldwide licence to republish any material you submit, post, upload, email or otherwise transmit to them or to the Website in any format including (without limitation) print and electronic format.

The NHM may publish any material you submit, post, upload, email or otherwise transmit to it or to the Website at its sole discretion and it shall be entitled to make additions or deletions to any such material prior to publication. All such material shall be regarded as 'Information' and the terms contained in this document shall apply to them.

You hereby waive all of the moral rights that you have under Chapter IV of the of the Copyright, Design and Patents Act 1988 in respect of any material you submit, post, upload, email or otherwise transmit to the NHM or to the Website.

Removal of material and access to the Website

The NHM shall have the right to refuse to allow you access to the Website or any part of it at any time and for any reason without giving you any advance notice.

The NHM shall have the right at any time and for any reason to remove from the Website any material posted, uploaded, emailed or otherwise transmitted by you without giving you any advance notice.

Viruses

Whilst effort has been taken to ensure that the Website is free from viruses, the NHM gives no warranties that it is indeed free from viruses and you are responsible for ensuring that you have installed adequate virus checking software.

The NHM shall not be responsible for any viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment or other material transmitted with or as part of the Website or any other internet site.

Links

Some of the pages on the Website include links to external websites. These are for your convenience only. The NHM does not endorse and is not responsible for the content of these external websites.

Personal Information

You agree to provide true, accurate, current and complete information about yourself in any registration or subscription form you complete ('the Registration Information'). You agree to maintain and promptly update the Registration Information to keep it true, accurate, current and complete.

The NHM will process your personal data in accordance with data protection legislation.
For more information please read our privacy notice.

Laws governing the use of website cookies and similar technologies for storing information came into effect in the UK on 26 May 2012. To understand how this affects your visit to the NHM website, please read our information about cookies.

Liability

Whilst every effort has been taken to ensure the accuracy of the Information on the Website, no warranty is given as to its accuracy or completeness.

The NHM cannot guarantee that you will have uninterrupted access to the Website.

Notwithstanding anything else in these terms of use, to the fullest extent permitted by law the NHM excludes all warranties (whether express or implied) and all liability to you in respect of the Website, its content and your use of it.

Account termination

Either the NHM or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.

If the NHM terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.

Law and Jurisdiction

These terms and conditions of use shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising in relation to the Website shall be subject to the exclusive jurisdiction of the courts of England and Wales.

If any of these terms or conditions of use should be determined to be illegal, invalid or otherwise unenforceable, it shall be deemed deleted and the remaining terms and conditions of use shall survive and continue to be binding and enforceable.

Comments and complaints / Notice and Takedown

If you have any comments or complaints to make about the Website, please send them to Customer Services, the Natural History Museum, Cromwell Road, London SW7 5BD or email customer services.

Notice and Takedown

Every effort has been made to ensure that content on the Website does not infringe any person's rights, or applicable UK laws. If you are concerned that you have found material on our website, for which you have not given permission, contravenes privacy laws, is obscene / defamatory and in terms of copyright law is not covered by a limitation or exception, contact us in writing stating the following:

1. your contact details
2. the full details of the material
3. the exact and full URL where you found the material
4. if the request relates to copyright, provide proof that you are the rights holder and a statement that, under penalty of perjury, you are the rights holder or are an authorised representative
5. the reason for your request including but not limited to copyright law, privacy laws, data protection, obscenity, defamation etc.
On receipt of your notice, staff will:
1. make an initial assessment of its validity
2. acknowledge receipt of the complaint by email
3. for all but spurious complaints, suspend access to the content that is subject to complaint
4. refer the complaint to the Museum’s Legal Advisor for comment and advice
5. seek to verify your identity and authority as complainant.

If the NHM verifies the authenticity of your complaint and determines that it is ostensibly legitimate, the content concerned will be removed from the Website.

If the Legal Advisor confirms that the content does not breach any law the content will be reinstated.

Where to find information about us and our products

You can find everything you need to know about us, THE NATURAL HISTORY MUSEUM TRADING COMPANY LIMITED, company number 02909192, on our website before you order.

We only accept orders when we've checked them

We contact you to confirm we’ve received your order and we accept it when we supply the content.

Sometimes we reject orders

Sometimes we reject orders, for example, because we can’t verify your payment information or that you are located in the UK. When this happens, we let you know as soon as possible and refund any sums you have paid.

We charge you when we accept your order

However, for some products we take payment at regular intervals, as explained to you during the order process.

We pass on increases in VAT

If the rate of VAT changes between your order date and the date we supply the product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

We're not responsible for delays outside our control

If our supply of your product is delayed by an event outside our control, such as a cyber attack on our systems or an IT glitch, we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won’t compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Service Team to end the contract and receive a refund for any products you have paid for in advance, but not received.

You have legal right to change your mind

Your legal right to change your mind. You have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs. This is subject to some conditions, as set out below.

The deadline for changing your mind and when you can't change your mind

If you change your mind about a product you must let us know no later than 14 days after the day we confirm we have accepted your order, although you can’t change your mind about digital content once we have started providing it or after you have started to download or stream content.

How to let us know

To let us know you want to change your mind, contact our Customer Service Team.

You have to pay for services you recieved before you change your mind

We don’t refund you for the time you were receiving content before you told us you’d changed your mind.

When and how we refund you

We refund you as soon as possible and within 14 days of you telling us you’ve changed your mind. We refund you by the method you used for payment. We don’t charge a fee for the refund.

You can end and on-going contract (find out how)

We tell you when and how you can end your subscription during the order process and we confirm this information to you in writing after we’ve accepted your order. If you have any questions, please contact our Customer Service Team.

You have rights if there is something wrong with your product

If you think there is something wrong with your product, you must contact our Customer Service Team. We honour our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law.

We can change products and these terms

Changes we can always make. We can always change a product:
  • to reflect changes in relevant laws and regulatory requirements;
  • to make minor technical adjustments and improvements, for example to address a security threat.
These are changes that don’t affect your use of the product; and
  • to update digital content, provided that the digital content always matches the description of it that we provided to you before you bought it. We might ask you to install these updates.


Changes we can only make if we give you notice and an option to terminate. We can also make the following types of change to the product or these terms, but if we do so we’ll notify you and you can then contact our Customer Service Team to end the contract before the change takes effect and receive a refund for any products you’ve paid for in advance, but not received:
  • altering subscription price;
  • altering the product offering in any manner.

We can suspend supply (and you have rights if we do)

We can suspend the supply of a product. We do this to:
 
  • deal with technical problems or make minor technical changes;
  • update the product to reflect changes in relevant laws and regulatory requirements; or

We let you know, may adjust the price and may allow you to terminate. We contact you in advance to tell you we’re suspending supply, unless the problem is urgent or an emergency. If we suspend the product for longer than 10 days in any 28-day period we adjust the price so you don’t pay for it while its suspended. If we suspend supply, or tell you we’re going to suspend supply, for more than 14 days you can contact our Customer Service Team to end the contract and we’ll refund any sums you’ve paid in advance for products you won’t receive.

We can withdraw products

We can stop providing the subscription for digital content. We let you know at least 14 days in advance and we refund any sums you’ve paid in advance for products which won’t be provided.

We can end our contract with you

We can end our contract with you for a product and claim any compensation due to us if:
 
  • you don’t make any payment to us when it’s due and you still don’t make payment within 14 days of our reminding you that payment is due;
  • you don’t, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product.

We don't compensate you for all losses caused by us or our products

We’re responsible for losses you suffer caused by us breaking this contract unless the loss is:
 
  • Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
  • Caused by a delaying event outside our control. As long as we have taken the steps set out in the section We’re not responsible for delays outside our control.
  • Avoidable. Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us.

We use your personal data as set out in our privacy notice

How we use any personal data you give us is set out in our Privacy Notice.

You have several options for resolving disputes with us

Our Customer Service Team will do their best to resolve any problems you have with us or our products.

You can go to court. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.

Other important terms apply to our contract

You can only transfer your contract with us to someone else if we agree to this. We don’t have to agree if you ask us if you can transfer your contract.

Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
 
If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
 
Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.

Gift Cards

Our gift cards do not currently expire. Gift cards can be redeemed against individual courses only; not subscription options. You cannot transfer or resell your gift card to anyone else. The money loaded onto a gift card can only be used once. It is up to you or the recipient, if different, to keep the gift code secret. We do not accept liability as far as legally possible if a gift card is lost, destroyed, stolen. We may suspend a gift card if we think the card or any balance is being used dishonestly. You can get a refund on a gift card within the first 14 days from purchase – except that you cannot get a refund after we have emailed the code to you or the nominated email address. This does not affect your rights if there is something wrong with your product, as set out above.