Terms
TERMS OF USE
Effective Date: 16 October 2026
These Terms of Use ("Terms") form a legally binding agreement between you ("User", "you") and Rachel Mathews ("we", "us", "our") governing your access to and use of our websites, including:
www.successfulgardendesign.comwww.successfulgardendesigncourses.comwww.smallgardenformula.comrachelmathews.uk
and all associated web pages, portals, media, digital downloads, and online educational materials (collectively, the "Websites").
If you do not agree to these Terms, you must immediately cease accessing and using the Websites.
1. Operator Details
The Websites are owned and operated by Rachel Mathews, trading from:
- Postal Address: Mill Race, New Road, Aldham, Colchester, Essex, England, CO6 3QT.
- Electronic Contact: https://www.successfulgardendesign.com/contact/
2. Licence and Permitted Use of Materials
All intellectual property rights subsisting in the Websites—including text, garden design formulas, course curricula, video and audio tutorials, photographic works, graphic illustrations, databases, downloadable templates, and software code—are owned by or licensed to Rachel Mathews and are protected by the Copyright, Designs and Patents Act 1988 and international intellectual property treaties.
Subject to your continued compliance with these Terms, we grant you a personal, non-exclusive, non-transferable, revocable licence to access and view the Websites and to download or print one copy of individually selected materials strictly for your own private, personal, non-commercial educational use.
You must not:
- Republish, sell, rent, sub-licence, broker, or commercially exploit any material obtained from the Websites;
- Reproduce, duplicate, adapt, translate, modify, reverse-engineer, or create derivative works from our garden design systems or courses;
- Systematically extract, harvest, or scrape data or database contents from the Websites (whether manually or using automated tools); or
- Distribute, broadcast, or publicly display any part of our course materials or member downloads without our prior written consent.
3. Account Credentials and Password Security
Where access to specific areas, courses, or resources requires registration or log-in details:
- You are solely responsible for maintaining the confidentiality of your username, password, subscriber code, and security credentials.
- You must not disclose, transfer, or share your access credentials with any third party.
- You must notify us immediately if you suspect or become aware of any unauthorised use of your account or security breach.
- We reserve the right to suspend or terminate any account or access licence immediately if we reasonably believe that credentials have been compromised or shared in breach of these Terms.
4. Digital Courses and Educational Disclaimer
The Websites provide general educational resources, guidance, and design frameworks relating to garden and landscape planning.
The content is supplied for educational purposes only and does not constitute formal horticultural, structural, architectural, building regulation, or legal advice. You remain responsible for evaluating site conditions, structural stability, boundary rights, statutory planning constraints, and safety requirements applicable to your individual property before executing any garden design or construction works.
Where paid educational courses or digital products are purchased through the Websites, such transactions shall additionally be subject to our separate Terms and Conditions of Sale.
5. Website Availability and Changes
We endeavour to maintain uninterrupted access to the Websites. However, we do not guarantee that the Websites, or any content on them, will always be available, uninterrupted, or free from operational errors, bugs, or computer viruses.
We reserve the right to suspend, withdraw, or restrict the availability of all or any part of the Websites for operational, maintenance, or security reasons at any time without prior notice.
6. Third-Party Websites and Commercial Links
The Websites may contain hyperlinks directing you to external websites, software platforms, and resources operated by third parties. These links are provided solely for your convenience and reference.
We exercise no control over the content, operational standards, data collection practices, or contractual terms of external websites. The inclusion of a link does not imply endorsement, sponsorship, or approval of the linked entity or its products. Accessing third-party websites is undertaken entirely at your own risk.
Certain hyperlinks may operate as commercial affiliate links. Where you make a purchase following a referral from our Websites, we may receive an affiliate commission. Such relationships are conducted in compliance with applicable advertising standards and consumer transparency regulations and do not affect the purchase price charged to you.
7. Limitation and Exclusion of Liability
Non-Excludable Statutory Rights: Nothing in these Terms excludes or limits our liability for:
- Death or personal injury caused by our negligence;
- Fraud or fraudulent misrepresentation; or
- Any statutory right or remedy that cannot lawfully be restricted or excluded under the laws of England and Wales, including your statutory consumer rights under the Consumer Rights Act 2015.
Subject to the above statutory reservation:
- If you are a consumer: We are responsible for direct loss or damage you suffer that is a foreseeable result of our breach of these Terms or our failure to use reasonable care and skill. We are not liable for business losses, loss of profit, loss of business opportunity, or business interruption, as the Websites are made available to consumers exclusively for domestic and private educational use.
- If you are a business user: We exclude all implied representations, conditions, warranties, or other terms to the fullest extent permitted by law. We shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of sales, loss of agreements, loss of anticipated savings, loss of goodwill, or any indirect or consequential loss or damage arising under or in connection with the use of the Websites. Our total aggregate liability for all claims arising out of the use of the Websites shall be limited to the total fees (if any) paid by you to access the relevant Website service in the twelve (12) months preceding the claim.
8. Trade Marks and Brand Protection
"Rachel Mathews", "Successful Garden Design", "Small Garden Formula", "Great Garden Formula", and "Plant Design Formula", along with associated logos and device marks, are proprietary trade marks and brand identifiers. No licence or right to use any trade mark, trading style, or trade name displayed on the Websites is granted without express written permission.
9. Termination of Use
These Terms remain in effect until terminated. You may terminate this agreement at any time by ceasing all use of the Websites and deleting or destroying any downloaded materials obtained from them.
We may terminate or suspend your licence to access the Websites, digital courses, or resources immediately, without prior notice, if you breach any provision of these Terms or engage in conduct prejudicial to our intellectual property rights or systems security. Upon termination, all rights granted to you under these Terms shall cease immediately.
10. Variations to these Terms
We may revise these Terms from time to time to reflect operational updates, technological developments, or changes in legal requirements.
Any revised version will be published directly on the Websites with an updated effective date. Your continued access to or use of the Websites following the publication of revised Terms signifies your acceptance of the amended terms.
11. General Legal Provisions
- Severability: If any provision or part-provision of these Terms is found by any court or competent authority to be invalid, unlawful, or unenforceable, that provision or part-provision shall be deemed deleted, and the validity and enforceability of the remaining provisions shall remain unaffected.
- Assignment: You may not assign, transfer, or sub-licence any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms to another entity, provided that such transfer does not reduce any statutory guarantees provided to you as a consumer.
- Waiver: No failure or delay by us in exercising any right or remedy under these Terms or by law shall constitute a waiver of that or any other right or remedy.
12. Dispute Resolution, Governing Law, and Jurisdiction
If a dispute arises in connection with these Terms or your use of the Websites, the parties shall first attempt to resolve the matter amicably through direct, good-faith dialogue.
These Terms and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.
Subject to your rights as a consumer:
- If you are a consumer resident in the United Kingdom, you may bring proceedings in respect of the Websites in the courts of England and Wales, or in the courts of Scotland or Northern Ireland if you reside there.
- If you are a business user, the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms.
